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HomeMy WebLinkAboutM0103050I CO ON c ti .1► .. FC V0q!1W_,00+,1 k IN District No. 1 Commissioner: Phil Johnson District No. 2 Commissioner: David W. Sullivan District No. 3 Commissioner: Patrick M. Rodgers County Administrator: John F. Fischbach Clerk of the Board: Loma Delaney MINUTES Week of January 3, 2005 Commissioner Patrick Rodgers called the meeting to order as interim Chair. Commissioner Phil Johnson and Commissioner David W. Sullivan were both present. Reorganization of the Board. Interim Chair Patrick Rodgers asked for nominations for the Chairman of the Board position for 2005. Commissioner Sullivan nominated Commissioner Phil Johnson. The Board concurred that Commissioner Johnson be appointed Chairman. Discussion re. Various Boards and Committees: The Commissioners reviewed the list of committees that the Board members serve on to represent the County. Committee/Board Community Investment Fund Board Developmental Disabilities Advisory Board Economic Development Council Fort Worden Advisory Board Hood Canal Coordinating Council JC Disability Board (LEOFF 1) JC Higher Education Access Committee Jeff Com Jefferson -Peninsula Regional Emergency Planning Committee (JPREP) Job Training Partnership Act (JTPA) Law & Justice Committee Lodging Tax Advisory Committee (LTAC) Marine Resources Committee North Olympic Peninsula RC&D Olympic Air Pollution Control Authority Olympic Area Agency on Aging Olympic Community Action Programs Olympic Coastal Sanctuary Olympic Peninsula Resource Advisory Committee (RAC) Page 1 Primary Commissioner Sullivan Commissioner Rodgers Commissioner Sullivan Commissioner Johnson Board/Commissioner Johnson Commissioner Johnson Commissioner Rodgers Commissioner Rodgers Commissioner Rodgers Commissioner Sullivan Commissioner Rodgers Commissioner Rodgers Commissioner Johnson Commissioner Sullivan Commissioner Johnson Commissioner Sullivan Commissioner Sullivan Commissioner Johnson Commissioner Johnson Commissioners Meeting Minutes: Week of January 3, 2005 E ° >- Parks Advisory Board Peninsula Regional Services Network (PRSN) Peninsula Development Association (PDA) PERCommittee Port Ludlow Village Council (PLVC) Regional Transportation Advisory Board (RTPO) Solid Waste Advisory Board (SWAG) Substance Abuse Advisory Board Timber Counties Sub -Committee (WSAC) Water Utilitiy Coordinating Council (WUCC) Water Inventory Resource Area Board (WRIA 17) Commissioner Johnson Commissioner Sullivan Commissioner Sullivan Commissioner Rodgers Commissioner Rodgers Commissioner Sullivan Commissioner Rodgers Commissioner Rodgers Commissioner Johnson Commissioner Sullivan Commissioner Sullivan Commissioner Rodgers mentioned that the lead representation on several of the committees has changed since his initial discussions with the newly elected Commissioners. Commissioner Sullivan moved to approve the listing for lead representation on various boards and committees as presented. Chairman Johnson seconded the motion. Chairman Johnson and Commissioner Sullivan voted for the motion. Commissioner Rodgers voted against the motion. The motion carried. PUBLIC COMMENT PERIOD: The following comments were made: several people spoke in favor of the Port's graving dock proposal; several people spoke about the importance of the Tri Area Sewer System project and the need to use Community Investment Funds in order to leverage other funding; advice was given to the newly elected Commissioners which included listening to the people who elected them, using the County Administrator's expertise, and being careful about what they say to the press; support was expressed for repealing the amending ordinances that were passed in December regarding the CIF Fund, the Conservation Futures Fund, and banked capacity; the County made three public announcements before Christmas regarding the intent to consider a 137 acre mining operation in the FHM MRL at Shine but the information in the three notices wasn't consistent, and thank you to DCD for extending the public comment period on the proposal; concerns were stated about the quality of the paving on a portion of Center Road; it is important to have a public swimming pool; and the new Board needs to review the Fort Worden Parking fee funding request and take that funding from the Hotel/Motel Fund. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Rodgers moved to approve the Consent Agenda. Commissioner Sullivan seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 01-05 re: Establishing the Prosecuting Attorney's Salary for 2005 2. AGREEMENT NO. G0500015, Amendment No.1 re: Northwest Straits Project - Administrative Grant CZM310; Amendment to Include Federal Office of Management and Budget (OMB) Circular Requirements; WSU Extension; Washington State Department of Ecology Page 2 Commissioners Meeting Minutes: Week of January 3, 2005 3. AGREEMENTS (2) re: 2005 Community Services Grant Funding; 1) Olympic Community Action Programs, OlyCAP; and 2) Port Townsend Senior Association 4. AGREEMENTS (2) re: 2005 Hotel -Motel Grant Funding; 1) Port Hadlock Chamber of Commerce; and Forks Chamber of Commerce 5. AGREEMENT, Amendment No. l re: 2005 Hotel -Motel Grant Funding for the Operation of a Visitor's Center at or within the Quilcene Ranger Station; QuilceneBrinnon Chamber of Commerce 6. Advisory Board Resignation and Approval to Advertise Vacant Positions: Jefferson County Marine Resources Committee, District #3 Representative, Wayne Devaney HEARING re: Proposed Budget Appropriations and Extensions, Affordable Housing Fund: Chairman Johnson opened the public hearing. County Administrator John Fischbach explained that this appropriation is for $108,366 from the Affordable Housing Fund. There is an uncommitted $110,000 in the fund. Community Services Director Allen Sartin added that the funds will be used for the South Seven Senior Housing Project in Port Hadlock. Chairman Johnson opened the public comment portion of the hearing. Vanessa Brower, Olympic Community Action Programs, explained that the Affordable Housing Fund was created by SHB2060 and the revenue is generated from the fee charged for the first page of all documents recorded by the County Auditor's Office. The County receives 5% to administer the fund, 35% of the balance goes to the State, and 60% stays within the County for development of housing, new construction, acquisition rehabilitation, a tenant based rental assistance program, and operating maintenance reserves for homelessness and other forms of housing that are eligible for Housing Trust Fund money. OlyCAP is the only provider in the County using Housing Trust Fund money and has a services agreement with the County to administer these funds. The South Seven project is affordable housing that is eligible for new construction funding. They will break ground on the project on January 7. Hearing no further comments for or against the budget appropriation, the Chair closed the public hearing. Commissioner Rodgers moved to approve RESOLUTION NO. 04-05 to appropriate $108,366 from the Affordable Housing Fund. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Discussion and Possible Adoption re: HEARING NOTICE re: Proposed Ordinance to Repeal Ordinance No. 18-1220-04: During the Commissioners' Briefing Session, Commissioner Sullivan suggested that the discussion on the hearing notice to repeal an ordinance establishing a policy regarding the use of banked capacity be removed from the agenda because he wants more time to review the issues. Commissioner Rodgers moved to delete this item from the agenda. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Page 3 Commissioners Meeting Minutes: Week of January 3, 2005 4 Discussion and Possible Adoption re. HEARING NOTICE re. Proposed Ordinance to Repeal Ordinance No. 19-1220-04: Commissioner Rodgers explained that the previous Board of Commissioners felt that a designated portion of the Community Investment Fund (CIF) should be used for the Tri Area Sewer System project. The result was Ordinance No.19-1220-04 passed in December. The project is essential for affordable housing and to increase the economic tax base by encouraging more businesses and jobs. A previous County Commissioner and member of CIF Board told him that it was also the consensus of the CIF Board that funding for the sewer system was an appropriate use for these funds. This funding is crucial for leveraging grants for the infrastructure. Commissioner Rodgers feels that the UGA will be at risk if this funding is not made available for the sewer system project. Commissioner Sullivan replied that the CIF Board should have been notified and had a chance to meet to discuss the issue before the previous Commissioners took action on the ordinance. The CIF process needs to be followed. Currently the UGA is being appealed to the Growth Management Hearings Board. He realizes that once the UGA is in place, the sewer system will be essential. Cooperation is important in order to work through the process. In his opinion, the repeal of this ordinance will not delay the sewer project. Chairman Johnson agreed that the CIF process needs to be followed. He also supports the sewer project in the core of the UGA. Commissioner Rodgers noted that repealing this ordinance could result in a delay of the sewer system project and the unraveling of the UGA. Commissioner Sullivan moved to schedule a public hearing on the repeal of Ordinance No. 19-1220-04 designating a portion of the Community Investment Fund for the Tri Area Sewer System project for Tuesday, January 18, 2005 at 10:15 a.m. in the Commissioners Chambers. Chairman Johnson seconded the motion. Commissioner Sullivan and Chairman Johnson voted for the motion. Commissioner Rodgers voted against the motion. The motion carried. Discussion and Possible Adoption re: HEARING NOTICE re: Proposed Ordinance to Repeal Ordinance No. 20-1220-04 (Conservation Futures Fund): Commissioner Sullivan explained that this proposed hearing is to repeal an ordinance passed in December that established a policy to limit the use of Conservation Futures Fund to the acquisition of easements. Commissioner Rodgers stated that this was the policy of the previous Board of Commissioners that was memorialized with the adoption of Ordinance No. 10-1220-04. Since this fund was established, the majority of the projects have been for the purchase of easements. However, there is the potential to purchase fee simple property which takes the property off the tax rolls. It also makes the County liable for the property and it's maintenance. Only about 5% of the property in the County can be developed and 95% is open space. Commissioner Sullivan pointed out that the process set up for Conservation Futures Oversight Advisory Committee functions well. The ordinance passed in December decreases the Advisory Committee's flexibility and the County Commissioner's flexibility. Most of the time, it works better not to buy fee Page 4 Commissioners Meeting Minutes: Week of January 3, 2005 simple, but all real estate transactions are individual proposals. Flexibility is important to protect the properties that need protecting so they won't be developed. It is an economic development tool that can also be used in the Tri Area. Chairman Johnson agreed with Commissioner Sullivan. Commissioner Sullivan moved to schedule a public hearing for Tuesday, January 18, 2005 at 10:45 a.m. in the Commissioners Chambers to repeal Ordinance No. 20-1220-04 regarding the use of Conservation Futures Funding. Chairman Johnson seconded the motion. Commissioner Sullivan and Chairman Johnson voted for the motion. Commissioner Rodgers voted against the motion. The motion carried. Discussion and Possible Adoption re: Proposed Resolution Repealing Resolution No. 82- 04: John Fischbach explained that the Countywide Planning Policies requires that all UGAs have voting members on the Joint Growth Management Steering Committee. The Irondale/Port Hadlock UGA was designated in 2004, and the County Commissioners passed a resolution in December to allow the Port Hadlock Chamber of Commerce to nominate two representatives from the UGA for the County Commissioners to consider for appointment. The proposed resolution repeals the original resolution and would allow for input from the Joint Growth Management Steering Committee regarding the criteria for appointing the UGA representatives. Commissioner Sullivan stated that at the last meeting, the Joint Growth Management Steering Committee discussed this and planned to have it on their agenda at the next meeting. This precedent was set when the JGMSC added the Port of Port Townsend as a voting member. There is some concern about the criteria to choose representatives for the UGA because a person doesn't have to live in the community to be a member of the Port Hadlock Chamber of Commerce. All the governmental entities that make up the Steering Committee need to be involved in setting the criteria. Commissioner Rodgers stated that the County Commissioners don't have to consult with any other entities for issues that are unique to the County. It is not appropriate to ask others how to choose the representatives from the UGA. Commissioner Sullivan reiterated that having the JGMSC develop the criteria is following through on the discussions in their last meeting. In his opinion, it is important to keep communication open with the other governmental entities to prevent polarization. He agreed that the County Commissioners will make the final decision on the appointments to the Committee. Chairman Johnson stated that he is not comfortable with the Port Hadlock Chamber of Commerce selecting the candidates to represent the UGA on the Joint Growth Management Steering Committee because Chamber members don't have to live in Port Hadlock. It is important to have representatives on the Committee who live in the community. He thinks that this issue needs to go before the JGMSC. Commissioner Sullivan moved to adopt RESOLUTION NO. 02-05 repealing Resolution No. 82-04 which added representatives from the Irondale/Port Hadlock Urban Growth Area as voting members of the Joint Growth Management Steering Committee. Chairman Johnson seconded the motion. Commissioner Sullivan and Chairman Johnson voted for the motion. Commissioner Rodgers voted against the motion. The motion carried. Page 5 Commissioners Meeting Minutes: Week of January 3, 2005 Commissioner Rodgers stated that he has concerns about the public process regarding this resolution and the newly elected Commissioners' final decision. Sylvia Arthur, OIyCAP re: Proposed Resolution Endorsing the Creation and Implementation of a Ten -Year Plan to End Chronic Homelessness: Commissioner Rodgers noted that some of the goals on the matrix include: increasing the supply of affordable housing and continuing to provide financial assistance. He pointed out that the County doesn't have a tax base to provide funding for these goals. Sylvia Arthur explained that part of the plan is to set up a Mainstream Work Group that includes representatives from social services and local governments who will work together to develop funding solutions to bring money and grants into the County. The proposed resolution sets up the Work Group. The County Administrator noted that he has appointed a Health Department employee to work on this group. Commissioner Sullivan moved to approve RESOLUTION NO. 03-05 endorsing the creation and implementation of a Ten -Year Plan to end chronic homelessness. Commissioner Rodgers seconded the motion which carried by a unanimous vote. Discussion of Letter of Support of the Port of Port Townsend and Port Townsend Paper Company Proposal to Bring the Graving Dock Project to Jefferson County: Larry Crockett, Director of the Port of Port Townsend, stated that the Port received a letter from the State Department of Transportation on December 23 seeking proposals for a graving dock for the Hood Canal Bridge project. The deadline for submission of proposals is January 10. He is in the process of gathering data from County staff, City staff, the EDC, the Chambers of Commerce, Port Townsend Paper Company, and Fred Hill Materials. This project could be very viable for the entire North Olympic Peninsula. It is imperative that the bridge is repaired in the safest, most efficient manner possible and that the jobs created by the graving dock stay on the North Olympic Peninsula. When it was found that the Port Angeles site could not be used, it was suggested that the Port and Port Townsend Paper Company partner to develop a proposal to combine facilities for the graving dock on their properties on Port Townsend Bay. The stormwater systems and infrastructure are already in place on the 25 %2 acres. This idea has received wide community and Peninsula support. The Port feels that this is a positive, workable project. His intent is to have a brief proposal done by the deadline in order to make the "short list." He asked the Board for a letter indicating the County's support for the project. He will be also be giving a presentation at the City Council meeting this evening. Some citizens present mentioned concerns about critical areas on the properties. Eelgrass mitigation is also an issue, but the size and cost of the project would allow options that would actually improve the environment in Port Townsend Bay. Page 6 Commissioners Meeting Minutes: Week of January 3, 2005 Commissioner Rodgers moved to have the County Administrator prepare a letter for the Board to sign in support of the graving dock project with the understanding that environmental concerns will be addressed. Commissioner Sullivan seconded the motion which carried by a unanimous vote. The meeting was recessed at the close of business on Monday and reconvened on Tuesday at 11:00 a.m. All three Commissioners were present. The Board met in Executive Session from 11:00 to 11:44 a.m. with the County Administrator, Deputy Prosecuting Attorney and Community Development Director regarding potential litigation. From 11:45 a.m. to 12:30 p.m. the Board met in Executive Session with the County Administrator, Deputy Prosecuting Attorney and Community Development Director regarding actual litigation. Direction to the Deputy Prosecuting Attorney to Request a 30 Day Extension for a Final Decision on Western Washington Growth Management Hearings Board Cause #03-2-10 and #04-2-22: Commissioner Sullivan moved to have Deputy Prosecuting Attorney David Alvarez offer Gerald Steel, Attorney for ICAN, a 30 day extension of time for a final decision in WWGMHB Causes #03-2-10 and #04- 2-22 and that this 30 day extension be traded for a settlement offer in writing from the petitioners on or before January 13, 2005. Commissioner Rodgers noted that the goal is to accomplish the UGA and not undo it by asking for the 30 day extension. He seconded the motion which carried by a unanimous vote. David Alvarez advised that during the course of the Commissioner's terms in office, they will receive many confidential documents from the Prosecuting Attorney's Office. The Commissioners, as the client, have the ability to release the documents. However, they would have to collectively decide to release a document that was marked "attorney-client privilege." In most cases, he would recommend against this because someone could use that document against the County in a lawsuit or a petition for review. MEETING ADJOURNED Deputy Clerk of the Board JEFFERSON COUNTY BOARD COMMISSIONERS P ohnson, Chair David W. Sullivan, Member Patrick M. Rodgers, Member Page 7