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HomeMy WebLinkAboutM010306 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 January 3,2006 Chairman Phil Johnson called the meeting to order in the presence of Commissioner David W. Sullivan and Commissioner Patrick M. Rodgers. COUNTY ADMINISTRATOR'S BRIEFING: County Administrator John Fischbach reported that the first meeting with the UGA sewer project consultant is scheduled for the week of January 17. At that meeting they will be presenting proj ect details and time lines. Discussion re: Lead/or Various Boards and Committees: The Commissioners reviewed the list of committees that the Board members serve on to represent the County. A few boards were deleted that are no longer meeting and a few meeting days and times were changed. CommitteelBoard Developmental Disabilities Advisory Board (DD) Economic Development Council (ED C) Fort Worden Advisory Board Hood Canal Coordinating Council (HCCC) JC Disability Board (LEOFF 1) J effCom Job Training Partnership Act (JTP A) Law & Justice Committee Lodging Tax Advisory Committee (L T AC) Marine Resources Committee (MRC) North Olympic Peninsula RC&D Olympic Area Agency on Aging (03A) Olympic Coastal Sanctuary Olympic Community Action Programs (OlyCAP) Olympic Peninsula Resource Advisory Committee (RAC) Olympic Region Clean Air Agency (ORCAA) Parks Advisory Board Primary Commissioner Rodgers Commissioner Sullivan Commissioner Johnson Board/Commissioner Johnson Commissioner Johnson Commissioner Rodgers Commissioner Sullivan Commissioner Rodgers Commissioner Rodgers Commissioner Johnson Commissioner Sullivan Commissioner Sullivan Commissioner Johnson Commissioner Sullivan Commissioner Johnson Commissioner Johnson Commissioner Johnson Page 1 Commissioners Meeting Minutes: Week of January 3,2006 eo~~ ~ 1'\1/1"('\' CommitteelBoard Peninsula Development Association (PDA) Peninsula Regional Services Network (PRSN) Port Ludlow Village Council (PLVC) Public Infrastructure Fund Board (PIF) Regional Transportation Advisory Board (RTPO) Solid Waste Advisory Board (SW AC) Substance Abuse Advisory Board (SAAB) Timber Counties Sub-Committee (WSAC) Water Inventory Resource Area Board (WRIA 17) Water Utilitiy Coordinating Council (WUCC) Primary Commissioner Sullivan Commissioner Sullivan Commissioner Rodgers Commissioner Sullivan Commissioner Sullivan Commissioner Rodgers Commissioner Rodgers Commissioner Johnson Commissioner Sullivan Commissioner Sullivan Commissioner Sullivan moved to accept the deletions and date/time changes on the listing and to have the Commissioner representation on the various boards and committees remain the same as in 2005. Commissioner Rodgers seconded the motion which carried by a unanimous vote. Reorganization of the Board: Commissioner Sullivan moved to have Chairman Johnson continue as the Chairman of the Board for 2006. Commissioner Rodgers seconded the motion which carried by a unanimous vote. PROCLAMATION re: January 2006 as School Board Recognition Month: Chairman Johnson read the proclamation designating January as "School Board Recognition Month." Commissioner Rodgers moved to approve the proclamation. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Judi Morris, Treasurer re: Surplus Property: Judi Morris explained that in 2004, the Board of Commissioners asked for a review of all County properties in order to create a listing of those properties not currently being utilized or with future plans for utilization. The Board put those properties up for sale at auction and 3 of them didn't sell at the time. She described the properties and their location, and suggested a fair minimum selling price based on the original appraisal price. She noted that there is renewed interest in 2 of the properties, and asked the Board if they want to put them up for auction? Commissioner Rodgers moved to have the parcels put up for auction as recommended by the Treasurer. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Judi Morris noted that these properties came to the County through tax foreclosures and therefore the County will only receive a portion ofthe sale price and the remainder will be distributed to the taxing districts. Page 2 Commissioners Meeting Minutes: Week of January 3,2006 .~"O"'"' ~"\~ ~f. " ..~"'" '\"1>':('\ PUBLIC COMMENT PERIOD: The following comments were made: increasing the building footprint in the County from 7,500 to 40,000 square feet would attract more businesses; affordable, accountable government should be every elected official's goal and more citizens need to get involved in the public process; concern was expressed about the UDC amendments and 24 hour mining operations; and methamphetamine use is a serious problem in the County that needs to be addressed. 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. AGREEMENT Interlocal re: Provision of Juvenile Detention Facilities; Jefferson County Juvenile and Family Court Services; Kitsap County 2. AGREEMENT re: Professional Services for the Project Take Time ofthe Raising a Healthy Community Grant; Jefferson County Public Health; Katie Carlson, Ph.D 3. AGREEMENT, Amendment No.1 re: Community Services Grant, 2005; Olympic Community Action Programs (OlyCAP) 4. AGREEMENT, Addendum to Attachment A re: Anti-Harassment and Diversity Training Services; Peninsula College 5. AGREEMENT No. G-3166 re: Grant Funding for Jefferson County Department of Community Development to Scan and Microfilm of Essential Records; Jefferson County Central Services; Washington State Office of Secretary of State 6. AGREEMENT re: Consulting Services for Road Maintenance Operations; Jefferson County Public Works; Fleet Engineering Services 7. AGREEMENT Interagency No. GCA-4745 re: Perform Paving on Center Road; Jefferson County Public Works; Washington State Department of Transportation 8. Letter of Support: Grant Application for 4-Year Bachelor of Applied Science, Applied Management Degree; Peninsula College Conservation Futures Presentation: Dennis Schultz, Chair of the Citizens Oversight Committee for the Conservation Futures Fund, explained that last year the State Legislature revised the statute on the use of Conservation Futures funds. They added a section to allow 15% ofthe levied monies raised for the previous year to be used for operation and maintenance of interests in real property. These disbursements are only in conjunction with a capital expenditure. This funding can't be used for normally budgeted items in the General Fund such as operation and maintenance for parks and recreation. He noted another change in the law that does not allow Conservation Futures funds to be used to take land out of development status if it creates a shortage of developable land available within the County. Page 3 Commissioners Meeting Minutes: Week of January 3,2006 e~'.'.'.'."'''' :.,' ....;..\.~ \.. .,:':, ,~ .1/11'';'',\ Dennis Shultz explained that each year the Committee reviews their process after they complete the application evaluation and appraisal and they submit their recommendations to the County Commissioners. He noted that each year is a little different and they usually find ways to improve their procedures and rating system. There was a discussion about the 15% from the Conservation Futures Fund being used to accompany only new capital acquisitions. Dennis Shultz added that the purpose of the 15% is not to maintain an acquisition year after year. Commissioner Sullivan mentioned that, in reading the legislative changes, he feels that the 15% could apply to property that has been awarded Conservation Futures funding in past years. He said he would like to increase the flexibility of the proposed County ordinance to include these properties. HEARING re: Conservation Futures Proposed Ordinance Amendment to Allow Disbursement of Conservation Futures Monies for Operation and Maintenance of Interests in Real Property: Chairman Johnson opened the public hearing. (See previous discussion above.) Hearing no comments for or against the proposed ordinance amendment, he closed the public testimony portion of the hearing. The Board discussed revising the language on page 8 in the ordinance to be more in line with the legislation. Commissioner Sullivan suggested the language, "Requests for operation and maintenance funding may be used for any property acquired using Conservation Futures tax money." Commissioner Sullivan moved to approve ORDINANCE NO. 01-0103-06 amending the Conservation Futures ordinance to allow disbursement of Conservation Futures monies for operation and maintenance of interests in real property with the suggested language change. Commissioner Rodgers seconded the motion which carried by a unanimous vote. Continued Discussion re: Unified Development Code Omnibus Amendments (See also minutes of December 19,2005): Chairman Johnson noted his concern about the section on urban growth area development regulations, especially regarding areas outside ofthe sewer service area. Director of Community Development Al Scalf answered that this section is in a pending or "staid" position as the result of a Growth Management Hearings Board action. The Hearings Board has not ordered the County to remove the section and when the County receives a compliance order from the Hearings Board, it will be necessary to have those development regulations in place. Commissioner Sullivan asked if there is a way to alert people who may be interested in the UGA regulations until the Hearings Board decision is received? Al Scalf suggested that a disclaimer be put on the section referencing the pending case before the Hearings Board and noting that the current regulations for Port Hadlock are found under the Rural Village Center section or RR1:5 (1 dwelling unit per 5 acres) section. Page 4 Commissioners Meeting Minutes: Week of January 3,2006 ;~~ ~ I'fl>':"" Commissioner Sullivan stated that the hours of mining operations for quarries continues to be an issue. Al Scalf referenced Section 18.20.240 regarding mineral extraction and processing. Civil Deputy Prosecuting Attorney David Alvarez noted the information on pages 41 to 45. Commissioner Sullivan asked what triggers a Determination of Significance (DS) or an increased use, such as getting a larger rock crusher, expanding hours of operation, or if the company wants to operate on a higher level? He added that noise is the main concern that has been brought up by the public and people have said that other counties limit night operations. David Alvarez presented ordinances from Kitsap County, Spokane County, and Thurston County which list certain operating regulations for daytime hours and certain operating regulations for nighttime hours. None of these counties ban operations at night although all of them have different standards that need to be addressed at night. He thinks that Jefferson County's ordinance parallels these three ordinances, although it uses different text to reach that point. Commissioner Rodgers asked if the Planning Commission had any discussions about changing the footprint of commercial or industrial buildings during the UDC amendment process? Al Scalf replied that this was not addressed as a revision. Commissioner Rodgers noted examples of proposed industriaVcommercial expansion of existing businesses that is not allowed because of current regulations in the UDC. Bulk and dimension standards were discussed. Commissioner Rodgers asked if it would be appropriate for this issue to be brought up at the public hearing? David Alvarez explained that, because the issue wasn't raised during the Planning Commission's public process, another public hearing would be required. Commissioner Rodgers stated that he doesn't want to increase the workload during the current cycle and he asked the Planning Commission Chair to look at this issue in 2006. Al Scalf returned to Commissioner Sullivan's question about what triggers a DS? He explained the 3 SEPA threshold determinations. When a proposed project is received the SEP A Responsible Official reviews the checklist. A Determination of Significance means that the project has a probable significant impact and an Environmental Impact Statement (EIS) is required. The review must consider locational, cumulative, and quantitative effects. If the advocate modifies the proposal, a DS can be withdrawn at any time. Commissioner Sullivan asked how much gravel Jefferson County needs and ifthere is any projection about future demands? Are the forests being protected from too much mining? Does a quarry need to operate 24 hours a day? Which is better, time limits or noise limits? Al Scalf offered to give Commissioner Sullivan and Chairman Johnson an analysis that was provided in the 2002 Supplemental EIS. David Alvarez noted that the State regulates surface mining and this may suggest that the gravel can be used statewide rather than just locally. The EIS states that the gravel from Fred Hill Materials is very good quality. Chairman Johnson asked if the County can buy decibel equipment to measure the noise? The County Administrator stated that he will look into the cost and also include the cost for employee certification. Al Scalf noted that currently the County puts the responsibility of hiring a professional firm to measure the noise from a mining operation on the applicant and FHM Shine pit and the Hathaway pit in Quilcene have provided noise studies to the County. Page 5 Commissioners Meeting Minutes: Week of January 3,2006 ,. Al Scalf asked the Board to review the section on boundary line adjustments (BLA), Section 18.35.060. David Alvarez noted a court case ruling that a boundary line adjustment can be done only if the end result is the same number of lots or less. Currently, legal lots of record are buildable if there is septic and water. In the UDC revision, non-conforming lots cannot be created through a BLA and a BLA can only be done on property zoned rural residential. Al Scalf stated that BLAs are unique situations that can be very difficult for Staff to process because there are many variables. Al Scalf mentioned the density exemption which is based on the number of grandfathered legal septic fields. He added that this could create more lots than the zoned density allows. In Section 18.40, page 9, the UDC currently says a person can't submit a building permit application until there is an approved septic permit on the property. The previous Board gave policy direction to staff not to enforce this regulation. The revision would require applications for a septic permit and a building permit to be submitted at the same time. Chairman Johnson asked about 18.30.150, page 25 regarding signs. He said on certain large buildings, 10% of the area for a sign could be very large and a maximum height and size should be noted. The Board agreed on a 64 square foot maximum. Chairman Johnson questioned some of the added regulations on illuminated SIgnS. Al Scalf called the Board's attention to Section 18.20.170 regarding cottage industries and home businesses. Jim Hagan explained that this was an area that the Planning Commission sub-committee spent time discussing. Dennis Shultz, Planning Commission Member, stated that their goal was to make an auto repair at a residence a legal use, restricting it to a one or two person operation. They received significant public comment from a person who thought this would encourage an increase in this type of business. It is actually a code enforcement issue if people abuse home business and cottage industry regulations. Kyle AIm noted that the Board had questioned why several definitions were being removed from the UDC. The Public Works Department still refers to a preliminary drainage plan and it will remain in the code. The definitions for septage and substantial improvement will also remain. Kyle AIm stated that he spoke with Environmental Health staff about the discrepancy in the number of junk vehicles allowed in the recently passed Board of Health Solid Waste Ordinance and the amended UDC. The UDC allows 2 inoperable vehicles if the property is less than 12 acre and they are completely screened from rights-of-way and other residences. It allows 12 inoperable vehicles if the property is more than 12 acre. The BOH ordinance can still be enforced. Chairman Johnson asked that the term storage be clarified. The Board agreed that the junk vehicle section still needs work. Page 6 Commissioners Meeting Minutes: Week of January 3,2006 ~"O'.".".'. E"'.':~ It.f\/I;-"'l;'\'~"!' Al Scalf noted that the public hearing on the UDC amendments will be held on Monday, January 9 at 10:30 a.m. JEFFERSON COUNTY BOARD OF CO ISSIONERS Phil John 0 , Chair U-tJL/L--: David W. Sullivan, Member ~bm - Page 7