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Home My WebLink About061322M - to include Hearing Comment re: Temp Housing Facilities (4N ( r, J __) MINUTES Regular Meeting — June 13, 2022, 9:00 a.m. Jefferson County Courthouse—Commissioners' Chambers 1820 Jefferson Street, Port Townsend, WA (Virtual) CALL TO ORDER: Chair Heidi Eisenhour, Commissioner Kate Dean and Commissioner Greg Brotherton participated in the meeting remotely. Chair Eisenhour called the meeting to order at the appointed time. Public Works Director/County Engineer Monte Reinders was also present as Acting County Administrator during Mark McCauley's absence. PUBLIC COMMENT PERIOD: The following is a summary of comments made by individuals in attendance at the meeting and reflect their personal opinions: • Comment from a local fire official requesting the Commissioners rescind their letter to the Board of Natural Resources regarding local timber harvests, as this will negatively impact their operations. • Comment from East Jefferson Fire and Rescue Chief regarding the budgetary impacts that stopping local timber sales will have on their department. • Comment regarding Dr. Berry's Healthcare Hero nomination. • Comment regarding an upcoming hearing on the Temporary Homeless Encampments. The Commissioners addressed comments and concerns raised during the Public Comment Period. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Brotherton moved to approve the items on the Consent Agenda as presented. Commissioner Dean seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 28-22 re: In the Matter of Inactivating Fund No. 103-000-010—IG-6888 Elections CARES Act Grant Funds; Jefferson County Auditor 2. AGREEMENT re: Collective Bargaining and Trust Participation for the Sheriff's Office Administrative Staff; In Various Amounts; Jefferson County Sheriff's Office and Jefferson County Human Resources; Teamsters Local #589 and Washington Teamsters Welfare Trust 3. Appoint Member to the Jefferson County Risk Management Committee (RMC) Per Resolution No. 54-19 (No Expiration of Terms): Human Resources Director Sarah Melancon as Risk Coordinator/Assistant Risk Manager 4. ADVISORY BOARD RESIGNATION re: Ferry Advisory Committee; Transit Representative, Tammi Rubert 5. ADVISORY BOARD REAPPOINTMENTS (2) re: Board of Equalization(BOE); 1) Three (3) Year Term to Expire May 13, 2025; Member, Daryl Gillette and; 2)Three (3) Year Term to Expire May 13, 2025; Member, Pete Raab 6. ADVISORY BOARD APPOINTMENT re: Climate Action Committee (CAC); To Serve an Unexpired Term Ending December 31, 2024; Position No. 10 Representative, Arlene Alen 1 Commissioners Meeting Minutes of June 13, 2022 7. MINUTES re: Regular Meeting of June 6, 2022 8. Payment of Jefferson County Payroll Warrants Dated June 3, 2022 Totaling $1,092,031.73 and A/P Warrants Done by Payroll Dated June 3, 2022 Totaling $536,165.17, Dated June 3, 2022 Totaling $400,781.07 and Dated June 8, 2022 Totaling $10,077.63 (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: Chair Eisenhour and Commissioner Brotherton provided a briefing on their recent Timber Counties training. PROCLAMATION re: Declaring Sunday,June 19,2022 to be Juneteenth, a Holiday Celebrating African American Liberation: Commissioner Dean stated that Jefferson County was an early adopter of Juneteenth, which is an important holiday for many people. She provided the history of Juneteenth. All three Commissioners read the proclamation aloud. Member of the public Grace Love was invited by the Commissioners to say a few words regarding the proclamation. Commissioner Dean moved to approve the Proclamation as read today, Commissioner Brotherton seconded the motion which carried by a unanimous vote. WEEKLY UPDATE re: COVID-19: Public Health Officer Dr. Allison Berry provided information on the COVID-19 virus in Jefferson County. The meeting was recessed at 10:24 a.m. and reconvened at 10:31 a.m. with all three Commissioners present. COMMISSIONERS' BRIEFING SESSION—Continued: The Commissioners continued discussing recent meetings and their meeting schedule. HEARING re: An Ordinance Repealing and Replacing Interim Ordinance 08-1213- 21 and Adopting Zoning Regulations for the Siting,Establishment and Operation of Temporary Homeless Facilities in Unincorporated Areas of Jefferson County: Department of Community Development(DCD) Director Brent Butler, Planning Manager Josh Peters,Associate Planner Joel Peterson and Civil Deputy Prosecuting Attorney Barbara Ehrlichman were present to give a presentation on the proposed draft ordinance regarding temporary homeless facilities. They answered questions posed by the Board. Chair Eisenhour opened the hearing to allow for public testimony. The following individuals provided testimony: Scott Henry, Edna Avery, Viki Sonntag and Barbara Morey. Hearing no further testimony, Chair Eisenhour closed the public hearing. The Commissioners started deliberations and agreed to table deliberations on this issue until the Afternoon Session at 2:30 p.m. The meeting was recessed at 12:05 p.m. and reconvened at 1:31 p.m. with all three Commissioners present. PRESENTATION re: Three (3)Jefferson Land Trust Grant Applications to the Recreation and Conservation Office (RCO): Jefferson Land Trust Director Sarah Spaeth was present to request that the Commissioners support three Resource and Conservation Office (RCO) grant 2 Commissioners Meeting Minutes of June 13, 2022 projects: 1)A Riparian Habitat grant for acquisition of a 156-acre property on Salmon Creek; 2) A Washington State Farmland Preservation grant for purchase of conservation easements on two farms at the head of Quilcene Bay; and 3) An Urban Wildlife Habitat grant for further acquisitions in the Quimper Wildlife Corridor. After discussion, Commissioner Brotherton stated that he will work with Director Spaeth on three draft letters to bring before the Board for approval at a later date. CALENDAR COORDINATION: The Commissioners reviewed upcoming meetings. The meeting was recessed at 2:21 p.m. and reconvened at 2:32 p.m. with all three Commissioners present. CONTINUED DELIBERATIONS re: An Ordinance Repealing and Replacing Interim Ordinance 08-1213-21 and Adopting Zoning Regulations for the Siting,Establishment and Operation of Temporary Homeless Facilities in Unincorporated Areas of Jefferson County: The Commissioners continued deliberations on the hearing held during the morning session on temporary homeless facilities. After deliberations which involved edits to the draft ordinance, Commissioner Brotherton moved to adopt ORDINANCE NO. 05-1613-22 re: Adopting Development Regulations for the Siting, Establishment, and Operations of Temporary Housing Facilities for Unsheltered and Unhoused Individuals and Families in Unincorporated Jefferson County; Repealing and Replacing Ordinance 08-1213-21. Commissioner Dean seconded the motion which carried by a unanimous vote. The ordinance was adopted at 4:41 p.m. NOTICE OF ADJOURNMENT: Chair Eisenhour adjourned the meeting at 4:41 p.m. until the next regular meeting or special meeting as properly noticed. JEFFERSON COUNTY B RD OF COMMISSIONERS SEAL: "1/4 F V t e •i Eise our, Chair f ATTEST: reg rotherton, Member a 14 ' 6;Pam Carolyn`Gallaway, CMCu Kate Dean, Member Clerk of the Board 3 Please publish 2 times: June 1 and June 8, 2022 Contact Person: Joel M. Peterson, Department of Community Development, jpeterson@co.jefferson.wa.us, 360-379-4457 Bill to: Jefferson County Commissioners P.O. Box 1220 Port Townsend, WA 98368 NOTICE OF PUBLIC HEARING An Ordinance Repealing and Replacing Interim Ordinance 08-1213-21 and Adopting Zoning Regulations for the Siting, Establishment and Operation of Temporary Homeless Facilities in Unincorporated Areas of Jefferson County NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County Board of Commissioners for MONDAY, June 13, 2022 at 10:45 a.m. in the Commissioners’ Chambers, County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368. Notice of said hearing is to be published in the official newspaper of Jefferson County. This hearing is to receive public comment on a proposed ordinance amending the Unified Development Code (UDC) to regulate the siting, establishment and operation of temporary housing facilities in the County. The amendments address site planning, construction, safety, and operational specifications for temporary housing facilities in conformity with the responsibilities of Jefferson County to meet public Health, safety and welfare requirements; and to provide zoning and land use regulations pursuant to state law and the County’s authority to regulate land use activity within its corporate limits. The ordinance also repeals Interim Ordinance No. 08-1213-21 which promulgated temporary regulations since December 2021. The draft ordinance and project files are available for viewing on the County website at https://test.co.jefferson.wa.us/WeblinkExternal/Browse.aspx?id=3434553&dbid=0&repo=Jefferson. You are welcome to participate in this hearing. You will need to join the meeting by 10:45 a.m. using the following methods: VIRTUALLY: Via the following Zoom, link: https://zoom.us/j/93777841705, PHONE: Dial 1-253-215-8782 and enter access code: 937-7784- 1705# and press *9 to “raise your hand” to be called upon. Access for the hearing impaired can be accommodated using Washington Relay Service at 1-800-833-6384, IN-PERSON: This option may be limited as we are operating at 50% room capacity at this time. To view documents or watch this meeting live with no participation, go to www.co.jefferson.wa.us Follow the links under “Quick Links: Videos of Meetings: Today.” If you experience difficulties joining the meeting or viewing documents please call 360-385-9100 to report any issues. In addition, written testimony is also invited beginning on June 1, 2022 and ending on June 13, 2022 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. Testimony must be received by the Board of County Commissioners by the end of the hearing testimony period. rd Signed this 23 day of May, 2022. JEFFERSON COUNTY BOARD OF COMMISSIONERS /S/Heidi Eisenhour, Chair jeffbocc From:Tom Thiersch <tprosys@gmail.com> Sent:Monday, June 13, 2022 8:20 AM To:jeffbocc Subject:(more) TESTIMONY for Hearing re Zoning Regulations for the Siting, Establishment and Operation of Temporary Homeless Facilities 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 to be entered into the record of the HEARING re: An Ordinance Repealing and Replacing Interim Ordinance 08-1213-21 and Adopting Zoning Regulations for the Siting, Establishment and Operation of Temporary Homeless Facilities in Unincorporated Areas of Jefferson County For the Record: The term “UDC Administrator” is used throughout the proposed Ordinance. That term is not defined. If the intent is that the “UDC Administrator” is to be the “Administrator”, that should be made clear in the Definitions of the UDC, Chapter 18.10. Thank you, Tom Thiersch Jefferson County, WA 1 jeffbocc From:Tom Thiersch <tprosys@gmail.com> Sent:Monday, June 13, 2022 8:13 AM To:jeffbocc Subject:TESTIMONY for Hearing re Zoning Regulations for the Siting, Establishment and Operation of Temporary Homeless Facilities 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 to be entered into the record of the HEARING re: An Ordinance Repealing and Replacing Interim Ordinance 08-1213-21 and Adopting Zoning Regulations for the Siting, Establishment and Operation of Temporary Homeless Facilities in Unincorporated Areas of Jefferson County For the Record: I object to the use of “TYPE II” Project Permits for this Ordinance. The problem is that Type II permits are handled out of public view, with the approval decision left solely in the hands of the Administrator. The only time the public is allowed to have a say is if the Administrator’s decision is appealed, which is a costly and time-consuming process. The applications subject under this Ordinance should be handled as TYPE III, with an “open record public hearing” heard before the hearing examiner. See “Table 8-2. Action Types – Process” in the 18.40.040 Project permit application framework. Thank you, Tom Thiersch Jefferson County, WA 1 jeffbocc From:Bekah Ross <rebekahross1@gmail.com> Sent:Sunday, June 12, 2022 11:59 AM To:jeffbocc Cc:DCD Front Staff Subject:Public comment on a proposed ordinance to regulate siting, establishment and operation of temporary housing facilities ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. I commend the County for taking steps to assure that facilities for homeless individuals meet certain safety requirements. However, the ordinance as proposed has some shortcomings. (1) Setback/buffer from private residences. The proposed ordinance does not sufficiently address setbacks of homeless facilities from private residences. Although it refers to Chapter 18.30 JCC, that code does not address setbacks between residences and homeless facilities. It says: “Wherever a residential use is proposed to abut a heavy industrial use or zone, and vice versa, the setback shall be 100 feet, unless otherwise specified in this code.” I suggest that the intrusion of noise and light pollution from homeless facilities is equivalent, and therefore the Ordinance should establish such a setback. It would be preferable for the facility also to have a fence at the setback line, with vegetation in the buffer/setback area between the facility and residential properties so residents of the facility do not wander onto neighboring properties. (2) The ordinance uses “tiny shelter” and “tiny structure” seemingly interchangeably, but does not define them. Appendix Q uses the term “tiny house”. The ordinance should clarify whether residential structures in homeless facilities must meet the definition of “tiny house” in Appendix Q, including being less than 400 square feet. Section 4(21) of the ordinance says structures must meet Appendix Q “or be affixed with a label from WA State Labor and Industries.” This suggests that mobile or manufactured homes of any size would be allowed. What would prevent the facility from simply becoming high density residences of this type in light of the fact that there does not seem to be any limitation on the duration of residence by homeless individuals? (3) Although the ordinance appears to have stringent requirements, especially pertaining to fire safety, it insufficiently addresses the consequences of people disregarding those requirements. The ordinance should require the operating entity to expel residents who repeatedly violate requirements or trespass onto neighboring properties. The operating entity should have to have a permit to operate, and should it fail to meet its duties the consequence should be loss of the permit. Thank you. Rebekah Ross PO Box 129 Brinnon, WA 98320 1 jeffbocc From:Barbara Morey <bemorey@yahoo.com> Sent:Monday, June 13, 2022 5:40 AM To:jeffbocc Subject:Temporary Housing ordinance ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. ADD TO EXHIBIT B page 12: Xx) Temporary portable toilets (chamber pots) may be permitted in individual temporary housing units provided that: 1) all human wastes are properly disposed of in approved waste disposal locations. 2) hand sanitation--including sanitary wipes or hand sanitation solutions-- is provided at the site of use. These wipes must be disposed of in a garbage container and not flushed. *** Comment: PORTABLE TOILETS ARE TO A FLUSH TOILET AS A COOLER IS TO A REFRIGERATOR! As such, the BOH has approved use of these portable toilets (think adult size potty training chairs) in the tiny shelter structures with the limitations as described above. Barbara Morey, Housing Advocate 206 326-9022 Sent from Yahoo Mail on Android 1 jeffbocc From:Barbara Morey <bemorey@yahoo.com> Sent:Sunday, June 12, 2022 8:39 PM To:jeffbocc Cc:vikis@ecopraxis.org; Julia Cochrane; TIny Home Community HAT; Cherish Cronmiller Subject:Proposed Temporary Housing Facility Ordinance ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Hello Commissioners: For your reference, the Comments on Temporary Housing Facility Ordinance word-smithing edits previously submitted to BOCC on May 30 and to which I will refer in public comments follow. The edits are written in red.: Regarding Exhibit B Page 7 of 12 The language on "potential threat" as reason to reject/eject residents is problematical. There have been incidents where people have been denied shelter for behavioral issues that did not pose immediate danger. Housing advocates and some shelter residents recommend the following change: (r) The sponsor and the managing agency shall immediately contact the Jefferson County Sheriff’ s Office if someone is rejected or ejected from the encampment facility when the reason for rejection or ejection is an active warrant or a match on a sex offender check, or if, in the opinion judgement of the on-duty point of contact or on-duty security staff, the rejected/ejected person is a potential threat to the community. presents the risk of an immediate and significant threat to the safety of the community. This language was introduced in the recent WA state Eviction Moratorium as a condition under which individuals could be evicted and is more definitive of the criteria for eviction or rejection than an “Opinion that a person is a potential threat to the community. *** 1 Exhibit B Page 8 of 12 {Modify and combine items g and j for clarity.} IFC will be provided in all wooden tents and community buildings. g) Cooking only allowed in cooking/dining shelter A microwave, a refrigerator and an enclosed electric coffee maker may be allowed in wooden structures. {Per the Jefferson County Board of Health} For clarity, I suggest that the wording of item (j) be modified slightly to read: j) No fuel gas appliances or equipment in units. No smoking, lighted candles (including hot plates), burning of incense or other type of flames .flames are permitted within any tents or other temporary housing facilities. or other type of flames. *** Finally, On page 3, Section 2, for clarity and to expedite future temporary housing developments, the new ordinance should also reference RCW 36.01.290 . The state of WA provides Religious organizations with specific rights and obligations for providing temporary housing facilities that should be acknowledged in this section of the proposed ordinance as you will note: "36.01.290 Hosting the homeless by religious organizations—When authorized—Requirements—Prohibitions on local actions. And specifically: (1) A religious organization may host the homeless on property owned or controlled by the religious organization whether within buildings located on the property or elsewhere on the property outside of buildings. (2) Except as provided in subsection (7) of this section, a county may not enact an ordinance or regulation or take any other action that: (a) Imposes conditions other than those necessary to protect public health and safety and that do not substantially burden the decisions or actions of a religious organization regarding the location of housing or shelter, such as an outdoor encampment, indoor overnight shelter, temporary small house on- site, or vehicle resident safe parking, for homeless persons on property owned or controlled by the religious organization;” Respectfully submitted, Barbara E. Morey, Housing Advocate 2 206 326-9022 Nevertheless, she persisted... 3 jeffbocc From:Steve and Belinda <sgraham002@yahoo.com> Sent:Monday, June 13, 2022 7:52 AM To:jeffbocc Cc:Steve Graham Subject:PUBLIC HEARING: Adopting Zoning Regulations for Establishment of Temporary Homeless Facilities ________________________________ ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. ________________________________ Dear County Commissioners, I would like to express my opposition and concern regarding amending the Zoning Ordinance to expand homeless facilities in South Jefferson County without addressing the need for supportive services in the area first. It would be irresponsible to expand homeless facilities in south county without first providing: 1) expanding transportation services, 2) medical services (Brinnon has none), 3) law enforcement, 4) social services (counseling) and jobs. To expand homeless facilities without addressing these basic needs is setting up a recipe for failure and creating a divide in the community. People faced with homeless don’t need additional burdens placed on them they need a network of support services and job opportunities to thrive. Please look at what is really in best the interest of the homeless individual and not what is easy to just shuffle people off to where you can’t see them or provide the necessary services to assist in achieving self reliance once again. Regards, Steve Graham Brinnon Resident Sent from my iPad 1 jeffbocc From:Jane Lohry Armstrong <seepuget@gmail.com> Sent:Sunday, June 12, 2022 8:49 PM To:jeffbocc Subject:Hearing to repeal and replace interim ordinance 08-1213-21 and adopting zoning regulations for the siting etc ________________________________ ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. ________________________________ I would like to express my support for these actions. With so little in housing alternatives available these tent shelters are essential to proving safe and stable temporary accommodations for some of those most affected by our housing crisis These shelters are not a permanent solution but an essential alternative for now. In particular I appreciate that these accommodations represent the community action and support for the people most adversely affected and have been operated most effectively under the challenges today Jane Armstrong Port Townsend Sent from my iPhone 1 jeffbocc From:Peter Bonyun <peterbonyun@gmail.com> Sent:Monday, June 13, 2022 9:23 AM To:jeffbocc Subject:Temporary Housing Facilities Ordinance ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Honorable Commissioners: First, may I commend you and the staff of the Department of Community Development for producing this ordinance. Jefferson County is leading the way in creating a regulatory structure that humanely addresses the need of providing temporary shelter for our fellow citizens experiencing homelessness. Thank you. I encourage you to include in the language of this ordinance the suggested edits provided by housing advocate Barbara Morey. These changes further provide for the comfort, health, safety and dignity of the residents of the housing facilities. The suggested addition of citations from RCW 36.01.290 is also appropriate. Respectfully, Peter Bonyun -- Together We Can! 1