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HomeMy WebLinkAboutM022805 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: Lorna Delaney MINUTES Week of February 28,2005 Chairman Phil Johnson called the meeting to order. Commissioner David W. Sullivan and Commissioner Patrick M. Rodgers were present. Discussion re: Moratorium on Adult Businesses: County Administrator John Fischbach explained that the Planning Commission has requested that the Board impose a moratorium on adult businesses. Deputy Prosecuting Attorney David Alvarez explained that not all free speech has the same level of protection in the First Amendment of the Constitution. Certain types of free speech, including commercial free speech and speech that borders on the obscene, can be regulated in time, place, and manner. A local ordinance can stipulate certain criteria to be met. Adult businesses cannot be prohibited. The City of Port Townsend has had a six month moratorium on adult businesses and intends to put a second moratorium in place until they can assess the time, place, and manner issues in an ordinance regulating these businesses. The Planning Commission is concerned that if it is difficult for an adult business to locate in the City, they would seek a location in the County. Letter of Support for Secure Rural Schools and Community Self-Determination Reauthorization Act of 2005: Commissioner Sullivan moved to have the Board sign and send letters of support regarding the reauthorization of Secure Rural Schools Act to Chairman Domenici and Ranking Member Bingaman of the US Senate Committee on Energy & Natural Resources and Doug Clapp in Senator Patty Murray's Office. Commissioner Rodgers seconded the motion which carried by a unanimous vote. In the past this legislation has provided the County with funding for noxious weed control, road maintenance, stream monitoring, trail maintenance, and fish and wildlife habitat improvements. This funding has also been leveraged to secure critical flood plain habitat and support the 4-H After School Forestry Program. Page 1 Commissioners Meeting Minutes: Week of February 28,2005 '~P''':''.<.. ~ ....'~ ":i'-.I"II"('''''-~'''' COUNTY ADMINISTRATOR'S BRIEFING: John Fischbach reported on the following items: . GEMS, the County's new financial system, is up and running. There haven't been any major problems, however, they are still working on the process to run various reports. The City of Port Townsend will not be purchasing the DSHS Building at Castle Hill Mall from the County because it would cost too much to renovate. The Board agreed to combine the Commissioner Briefing and County Administrator's Briefing on their Agenda. There was a discussion about changing the starting time of the regular meeting to 8:30 a.m. The Board agreed that they would continue with the current starting time of 8 a.m. . . BID OPENING re: Sale of Certain Computer Equipment as Authorized: Allen Sartin, Director of Central Services, stated that no bids were received on the computer equipment. He presented a draft resolution to the Board that addresses the next step in disposal of the equipment. There was a discussion about soliciting schools and libraries. Allen Sartin noted Resolution No. 11-05, approved on February 7,2005, stated that the equipment can go to non-profits, public agencies, or the landfill if no bids were received. Commissioner Rodgers moved to approve RESOLUTION NO. 17-05 regarding disposal of surplus computer equipment. Commissioner Sullivan seconded the motion which carried by a unanimous vote. PUBLIC COMMENT PERIOD: The following comments were made: the Open Public Meetings Act requires the Board to make decisions during an advertised public meeting; a letter was read requesting that the Board institute a six month moratorium on adult businesses; a letter was submitted regarding the importance of reconstructing the Dosewallips River Road that was signed by the Presidents of the Chambers of Commerce in Jefferson and Clallam County and sent to the USDA, US Forest Service and the Superintendent of Olympic National Park; and, in the 2004 Comprehensive Plan Update amendment, several items were moved from the Comprehensive Plan to the Unified Development Code because the UDC was a more appropriate document to address them. Discussion re: Comprehensive Plan Amendment Docket Placeholder Amendments: (See also later in minutes.) Commissioner Rodgers raised concerns about the process for putting the two Comprehensive Plan Amendment placeholder amendments on the draft docket. Al Scalf explained that the draft Comprehensive Plan Amendment Docket is developed as an administrative function under the guidance of the Director of Community Development. The draft docket is prepared by staff and submitted to the Board and the public for review. The Board makes the decision on the final docket. Page 2 Commissioners Meeting Minutes: Week of February 28,2005 ~..'"'.''' "-.....:"..:~.\"....1 ~ ..."M:;_ ~fSI";'~"'''i'-~~ On January 14, he met with the County Administrator and Commissioner Sullivan to discuss the two placeholder issues. On January 19, after an Executive Session, the subject came up with the Board in the context of that Executive Session. After that meeting, he and the County Administrator concluded that two legislative Comprehensive Plan placeholder amendments would be added to the draft docket. On February 1, the draft Comprehensive Plan Amendment Docket for 2005 was submitted for public review. Commissioner Rodgers stated that the Executive Session on January 19 dealt with actual litigation from an action taken in 2003. Both the proposed placeholders were from action taken in 2004. He noted that he didn't direct staff to add the placeholders, nor was he present when any other Commissioners gave that direction. He left on vacation on February 2. The County Administrator reiterated that it is under the Director of Community Development's purview to decide what amendments are placed on the draft docket. Commissioner Rodgers noted that he is very concerned about the process. Commissioner Sullivan added that he has heard concerns from the public about the placeholder amendments because people want to know the details of an amendment. At the meeting on January 14, the County Administrator and the DCD Director agreed that these issues should be brought forward at a public meeting and be written up as placeholders. Commissioner Sullivan believes that in past years placeholders have been inserted and then deleted by the time the final docket is set. He asked if a deadline was missed? Commissioner Sullivan stated that he reviewed the Comprehensive Plan Update amendment passed in 2004 and there were many areas where information was lined out and moved to another section. The line in/line out document was not clear and people were confused about the changes. He has doubts about whether the proposed placeholder on the update needs to move forward. Commissioner Rodgers stated that he feels there is no reason for the Planning Commission to proceed with either placeholder amendment at their public hearing. Al Scalf stated that staff is recommending that the Comprehensive Plan Update placeholder remain on the docket because there are housekeeping items, particularly maps, that need to be brought forward for public consideration. There may also be minor administrative tasks including the table of contents. Civil Deputy Prosecuting Attorney David Alvarez reported that on the map there are properties with no zoning, properties with nominal zoning, and there are properties with dual zoning. He recommended that the Board move through the process on MLA05-066. The Planning Commission will make a recommendation to the Board for their decision on the final docket no later than April 11. Commissioner Rodgers cautioned that policy issues should not be addressed ifthe amendment (MLA05-066) goes forward. Page 3 Commissioners Meeting Minutes: Week of February 28,2005 ~.""." " . '\'.(.1 "->@,-'"' 4fS'II"("'-~'" APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Rodgers moved to approve the Consent Agenda as presented. Commissioner Sullivan seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 18-05 re: Allowing Jefferson County Employees to Participate in the Washington State Department of Retirement Systems Deferred Compensation Program 2. AGREEMENT (3) re: Professional Services for Reduction of Underage Drinking Grant; Jefferson County Sheriff; Judith Anderson; Jodi Jerrell Minker and Lynn Keenan 3. AGREEMENT re: Oak Bay Road Drainage Improvements, Project No. CR1686; Jefferson County Public Works; Port Ludlow Drainage District 4. AGREEMENT, Supplemental re: Consultant Services for Barlow Bridge Replacement, Oil City Road, Project No. CR1680; Jefferson County Public Works; Shearer Design, LLC 5. AGREEMENT re: Consultant Services for Tri Area UGA Sewer Planning, Project No. 4055351693; Jefferson County Public Works; H. R. Estvelt Engineering 6. AGREEMENT, Interlocal re: Joint Community Development Block Grant; Planning Only; Housing Needs Assessment for City of Port Townsend and East Jefferson County; City of Port Townsend 7. AGREEMENT, Intergovernmental re: Monitor Effluent from Onsite Sewage Treatment Systems (Hood Canal); Jefferson County Health and Human Services; Puget Sound Action Team (PSAT) 8. Advisory Board Resignation: Jefferson County Marine Resource Committee; Marine Sciences Practitioner Representative; Gabrielle LaRoche HEARING re: Proposed Ordinance to Correct Comprehensive Plan Language: Chairman Johnson opened the public hearing. Kyle Aim, Associate Planner, noted that the Board has a copy of the draft ordinance with three attachments. On the original document, a revision that was part of the settlement agreement regarding Glen Cove was not included. The reference was to the County's analysis ofthe Glen Cove boundary and that the boundary will not be continuously analyzed to identify future LAMIRDS. Both the Planning Commission and staff made a recommendation that the reference be added in the original document. David Alvarez explained that this applies to all Type I LAMIRDs. When he was getting ready to submit a Compliance Report to the Western Washington Growth Management Hearings Board on February 16, 2005, he discovered the omission. A hearing was required to correct it and the hearing notice was advertised on February 16 with the hearing date set for February 28. Nancy Dorgan, representing the People for a Liveable Community (PLC), agreed that the County could extend the deadline for submission of the Compliance Report until after theis hearing. This action was the original intent of the Board, the Planning Commission and staff. Commissioner Rodgers stated that when the former Board took action on this, it was approved as noted in the ordinance before them today. He added that the error is clerical and not substantive. Chairman Johnson opened the public testimony portion of the hearing. Hearing no comments for or against the proposed ordinance, the Chair closed the public hearing. Page 4 Commissioners Meeting Minutes: Week of February 28,2005 .::'~':"\;;:\ ,....< It.. ,,:,-,~ '\"1,,,,(."" Commissioner Rodgers moved to approve ORDINANCE NO. 03-0228-05, correcting an error found in Ordinance No. 17-1213-04 in order to achieve compliance with a final decision and order from the Western Washington Growth Management Hearings Board relating to the "LAMIRD" known as Glen Cove. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Discussion re: Low Dissolved Oxygen in Hood Canal: Commissioner Sullivan reported that he went to Olympia with Linda Atkins, Environmental Health, and David Christensen, Hood Canal Coordinating Council, to comment on HB 1060 which would designate Hood Canal as an aquatic rehabilitation zone. They presented information on successful programs currently in place in Jefferson County to monitor septic systems and educate Realtors. On March 11, the Hood Canal Coordinating Council will meet and may take a formal position on the issue. The counties feel that the legislation is moving forward without their input, and a main concern is that the bill could result in unfunded mandates from the State regarding stricter septic regulations. Al Scalf explained that he testified in Olympia regarding the shoreline inventory and pristine habitat. He also talked with the State Department of Ecology regarding $285,000 in funding needed to update the Shoreline Master Program. He was there for a presentation on urban services in rural areas to protect the environment and building community septic systems to replace septic fields in vulnerable areas. Commissioner Rodgers mentioned that the drainfield at the Brinnon School is much larger than necessary and could support downtown Brinnon. Most of the lots in that area are already platted and developed. Al Scalf is not sure about using an emergency intervention for health and safety reasons because low dissolved oxygen isn't a big problem in that area yet although it has been found as far up the Canal as Bangor. The workshop on the Hood Canal Coordinating Council 2005 W orkplan scheduled for 11 :00 a.m. was cancelled. Invitations to Sunfield Farm for Final Acquisition and Conservation Open House: Commissioner Sullivan moved to have the Board sign invitations to Governor Gregoire; Senators Murray, Cantwell, and Representative Dicks; Representatives Kessler and Buck and Senator Hargrove; Julie Wilkerson, CTED Director; WSU Regents (10); Glen Huntingford; Dan Titterness; and Richard Wojt regarding the open house at Sunfield Farm on April 16. Commissioner Rodgers seconded the motion which carried by a unanimous vote. At 2:00 p.m. the Board met in a workshop with the workgroup addressing the 911 Ordinance update. Page 5 Commissioners Meeting Minutes: Week of February 28,2005 ~1 " The meeting was recessed at the close of business on Monday and reconvened for a workshop on Wednesday, March 2 at 1 :30 p.m. All three Commissioners were present during various portions of this workshop. Commissioner Johnson was not available when action was taken. Clarification of Direction re: Comprehensive Plan Amendment Docket Placeholder Amendments: (See also earlier in minutes.) Commissioner Rodgers moved that MLA05-066, the placeholder amendment dealing with the 2004 Comprehensive Plan update, deal only with procedural and technical issues such as internal conflicts and mapping errors, and that MLA05-067, the placeholder amendment dealing with the Irondale/Port Hadlock UGA, be deleted from the proposed draft docket. Commissioner Sullivan seconded the motion which carried. MEETING ApJO~D , "" ' r, It '. SEAL:, .- -. ~ t of . ;1' '" ,"'., , 7 ~ ~i? \ / > \' . -'4 ' >1_ \, \'i' 'I /I~:., , . I \ .. f "): \ ~ . . ~ .', : '\,' '..~,,' ..;J'. :' "'''', ~ 1'\ " ...'.....-" JEFFERSON COUNTY BOARD OF COMMISSIONERS ATTEST: 9tu~<-1()1j/~ CmC c:fulie Matthes, CMC . Deputy Clerk of the Board ~ ... ,.,.,." Da~~~~' ~~~ Page 6 Feb 28, 2005 Page 1 of I Leslie Locke From: Nancy Dorgan [ndorgan@waypt.com] Sent: Sunday, February 27,20052:18 PM To: Lorna Delaney Cc: AI Scalf; Josh Peters; Kyle Aim; David Alvarez Subject: Hearing Comments Feb 28-2005-PLC Compliance. doc HEARING RECORD February 28, 2005 Jefferson County Board of Commissioners Re: Case no. 03-2-0009c People for a Liveable Community vs. Jefferson County Commissioners: Petitioner PLC appreciates the 2004 revisions and the follow-up action of this hearing to remove non-compliant LAMIRD references from the Comprehensive Plan in order to bring it into compliance with the Growth Management Hearings Board order for this case. The J oint Motion to Extend Time for Compliance correcdy stated that LAMIRD designation is not a continuing and future activity, but is rather a "fully-completed activitj'. During its review of this case, the Growth Board very generously gave Jefferson County an opportunity to expand and designate LAMIRDs. This unusual decision was based on original language in the CP to "revisit" "interim" LAMIRD designations after completion of the Tri-Area/Glen Cove Special Study. That "revisit" happened during the 2002 amendment cycle, and it was a one-time-only, "fully-completed activitj' that may not be repeated. It is, therefore, extremely unfortunate that two applicants have paid fees to place site-specific LAMIRD designations on the 2005 amendment docket. The results of this case have made it abundandy clear that new LAMIRD designations are not compliant with GMA and that the time for historical prospecting for additional (d) (i) commercial zoning is over. Bringing closure and certainty to this aspect of our GMA planning is long over-due. Sincerely, Nancy Dorgan Representative for People for a Liveable Community 2/28/2005 Page 1 of 1 Leslie Locke From: Lynn & Sharon Sorenson [Isorenson@olympus.net] Sent: Sunday, February 27,20058:09 AM To: Lorna Delaney Subject: IRONDALE I PORT HADLOCK UGA HEARING RECORD Department of Community Development AI Scalf - Director REF: IRONDALE/PORT HADLOCK UGA Dear Mr Scalf The Planning Commission and Department of Community Development staff spent a significant amount of time and tax payer's money on the Irondale & Port Hadlock UGA. Sales Tax revenue is being continually diverted outside Jefferson County because of the lack of retail business available in our county. Port Townsend does not provide a business/shopping friendly environment. The Irondale & Port Hadlock UGA provides a future opportunity to capture Sales Tax revenue with needed economic and social development offered by the plan. Now, our "Johnny-come-Lately" County Commissioner(s) exercise their political prowess to revisit the plan with a questionable "place holder" maneuver. The Plan received adequate public input. Delays and revisions to the Plan will cost Jefferson County tax revenue and delay economic and social development. All citizens had ample opportunity to participate in the process; including the Commissioners. Stop the Jefferson County "sixties" mentality/tactics - move forward with the IRONDALE/PORT HADLOCK UGA without delay. Lynn Sorenson POB 65376 Port Ludlow, WA 98365 Isorenson@olvmpus.net cc: Port Townsend Leader County Commissioners 2/28/2005