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Home My WebLink AboutM021306 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 13, 2006 Chairman Phil Johnson called the meeting to order in the presence of Commissioner David W. Sullivan and Commissioner Patrick M. Rodgers. APPROVAL OF MINUTES: Commissioner Rodgers moved to approve the minutes of February 6,2006 as presented. Chairman Johnson seconded the motion which carried. COUNTY ADMINISTRATOR'S BRIEFING: Central Services Director Allen Sartin explained that the Courthouse site management project is an infrastructure project for the facility. This project and the Clocktower project were funded around the same time although they have progressed at different rates. The site management project will be completed, except for the landscaping in the area where the heavy equipment will be used for the clock tower project. The infrastructure that is currently being put in will be protected during the clock tower project. PUBLIC COMMENT PERIOD: The following comments were made: the real estate market is slowing down all over the country and in the County which means less excise tax revenue for government to depend on; why is the work being done on the Courthouse grounds before the clock tower project is done?; the County needs to have a plan in place if Port Townsend Paper Company closes down because it is the County's largest employer; any expenditure of County funds to present a forum about Indian Island would be a waste of time and money because the County has no jurisdiction over the Navy and what they do; people's property rights are being affected at the local level when reasonable requests for zoning changes are denied in the Comprehensive Plan amendment process; and the Jefferson County Historical Society and the Historical Preservation Council have their own agenda for directing the flow of public funds. Page 1 Commissioners Meeting Minutes: Week of February 13,2006 ~,..."'" ;;'.'......:..-.-....'----.'''.''.'.s -+, '-..:...~.. ,"" 1", ,,(.~'- 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 NO. G0600254 re: Watershed Council Grant; Jefferson County Public Health; Washington State Department of Ecology (DOE) 2. AGREEMENT NO. 206-T21-4989-937 re: Network Agreement for Sheriffs Phone Connection; Jefferson County Central Services; Qwest Corporation 3. AGREEMENT NO. 206-T21-2197-932 re: Network Agreement for Castle Hill Facilities Phone Connection; Jefferson County Central Services; Qwest Corporation 4. AGREEMENT NO. 206-T02-7445-521 re: Network Agreement for Sheriffs Data Connection; Jefferson County Central Services; Qwest Corporation 5. AGREEMENT re: 2006 Hotel-Motel Grant Funding; Quilcene/Brinnon Chamber of Commerce 6. AGREEMENTS (2) re: 2006 Community Services Grant Funding; 1) Olympic Community Action Programs (OlyCAP); and 2) Gardiner Community Center Board 7. AGREEMENT re: Professional Services; Design and Implement Public Education Programs; WSU/Cooperative Extension; Julie Knott, West Camp Consulting 8. AGREEMENT re: Violence Prevention Training for Jefferson County Employees; Peninsula College 9. AGREEMENT NO. G0600246 re: Coordinated Prevention Grant Funding for Implementation of the Hazardous Waste and Solid Waste Management Plans and Programs; Jefferson County Public Works; Washington State Department of Ecology 10. 2005 Annual Certification of Road Fund Expenditures for Traffic Law Enforcement; Jefferson County Sheriff; Washington State County Road Administration Board (CRAB) 11. Advisory Board Resignations (2); Jefferson County Developmental Disabilities Advisory Board; Jeanne Koester and Reverend Pamela Douglas-Smith 12. Advisory Board Reappointment; Jefferson County Marine Resources Committee (MRC); Four (4) Year Term Expiring January 14, 2010; Caroline Gibson 13. Advisory Board Resignation; Jefferson County Parks Advisory Board; Michael O. Ryan Charlie Courtelyou and Al Vaughn, Washington State Department of Natural Resources re: County Income Report and Presentation on Forest Funds: David Roberts, Aquatics Assistant Regional Manager, reported that the tidal area chosen in Jefferson County for the DNR geoduck aquiculture program is across from Bangor. The Navy owns the uplands. DNR is continuing the creosote removal project and will begin a piling removal project in Jefferson and Clallam County this year in Port Townsend and Discovery Bay. They have also been participating in the Shoreline Master Program updates for Port Townsend, Whatcom County, and Bellingham. Page 2 I ^n^n___~ Commissioners Meeting Minutes: Week of February 13, 2006 :'~."" >~ ~~... V,I/II ,..(,,~' Charlie Courtelyou, Olympic Region Manager, reviewed the revenue from State Forest Transfer and Purchase Lands that was received by the County for the 2005 calendar year which totaled $3,200,661. This revenue is divided up between the junior taxing districts and the County received approximately $780,000. He explained that last fall, a lawsuit was brought against the Commissioner of State Lands by several environmental organizations regarding the Sustainable Harvest Calculation and the Environmental Impact Statement associated with it. They are holding settlement discussions with the plaintiffs until March 1. Al Vaughn, State Lands Assistant Region Manager, stated that the timber sales for the coming year have come under several constraints due to the injunction filed with the lawsuit. The volume total for the Olympic Peninsula is 35 million board feet. They lost 43 million board feet offthe projected total which also included the time and effort for putting the sales together. One of the sales in Jefferson County was lost, but the Little Quil sale is still expected in 2006. The projected volume for Jefferson County for FY2006 is 2.8 million which is appraised at $625,000. Mark Johnsen, RP&S Assistant Region Manager explained that the Little Quil timber sale straddles the old pipeline location past Lord's Lake and the sale will operate around it because pipeline has historical significance. Mark Johnsen also reported on two other sales done by contract loggers last fall in Jefferson County on Cape George Road and near Beausite Lake. The contractors were required to bum the slash and the land appears to be stabilized even with the high winds and saturated soils. Replanting was done in January. Al Vaughn also mentioned that for several years Port Townsend has been interested in acquiring DNR property near the city limits in exchange for Snow Creek property that the City owns. The exchange process would take about 12 months. The property near the city limits is much more valuable and it will have to be logged to reduce the cost for the exchange. They plan to work with the City to design leave tree configurations for future use. Charlie Courtelyou mentioned an issue across the State concerning motorized recreation vehicles using State Forest roads. They began developing a trail plan in Clallam County three years ago that was near completion and the adjoining property owners recently filed a lawsuit. In another County, there were 3 deaths of people going too fast and the DNR closed some areas that had been available for this type of use. The constituents in favor of motorized recreation have contacted their legislators in Olympia to suggest that. DNR open all their gates for use of motorized recreation vehicles. Appointment to the Jefferson County Conservation Futures Advisory Board: The Board interviewed Bill Wheeler who is interested in serving as the forestry representative on the Conservation Futures Advisory Board. Page 3 Commissioners Meeting Minutes: Week of February 13, 2006 ~"'."'.'" ;' . 'S '\'II~""''''- Commissioner Sullivan moved to appoint Bill Wheeler to a four year term on the Conservation Futures Advisory Board. Commissioner Rodgers seconded the motion which carried by a unanimous vote. Mr. Wheeler's term will expire on February 13, 2010. Deliberations re: Proposed Unified Development Code Amendments: (Continued from January 17, 2006) Director of Community Development Al Scalf explained that the provision before the Board in Chapter 18.05.080 is to delete the Appellate Hearing Examiner in the UDC. The only exception is in the case of a development agreement that specifies an Appellate Hearing Examiner to be used regarding properties owned by Port Ludlow Associates. He explained that in 1998 the County implemented a Hearing Examiner system based on regulation reform which is an open record hearing. The Appellate Examiner proceedings are a closed record hearing. Most other jurisdictions go directly from the Hearing Examiner to Superior Court. There is an extra cost to the County for the Appellate Examiner, extra stafftime, and prolonging the process. Staff, including the Civil Prosecuting Attorney, recommend that the Board eliminate the Appellate Hearing Examiner process from the UDC. Commissioner Rodgers moved to accept the changes in Chapter 18.05.080 as presented. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Commissioner Rodgers noted that the proposed changes in the UDC have been through a great deal of public process and analysis by the Planning Department and the Planning Commission, including public hearings. The Board has a responsibility, but it is at the end of a very long, thorough process. Commissioner Sullivan stated that his recollection of the beginning of the UDC update process was that it was presented to the community as "housekeeping," intended to improve permit efficiency, update out-of- date references, and review for recent changes in State law or court decisions affecting land use. When the UDC Omnibus was put out to the public for hearings in September and December, he saw a change in emphasis in the advertisement. The advertisement stated that the Omnibus was to correct or improve sections based on experience in implementing the Code since its adoption and to expand development opportunities within the limitations of State law and in balance with other aspects of the adopted Comprehensive Plan policy. The Board discussed Chapter 18.10 on Definitions. Commissioner Sullivan asked about the following definitions: · Concentrated animal feeding operations - Staff replied that these definitions were inserted from State and Federal law during the agricultural lands update. · Does the Port know about the deletion of approach, transitional, horizontal, and conical surfaces (imaginary surfaces relating to the airport and airfield)? Staff said they will check with the Port. Page 4 Commissioners Meeting Minutes: Week of February 13, 2006 '~"'..'''' ',.....................'"' ":11(/1 :...~~'" · Disturbed Area - Why are "lands that have been reclaimed to all standards outlined in this chapter, rules of the Department, any applicable SEP A document, and the approved reclamation plan, the subsurface aspects and the underground mine, such as portals, tunnels, shafts, pillars, and stopes" considered exceptions? Staff explained that this definition was taken from the State RCW regarding mining. The reference to Department is the State Department of Natural Resources. · Noise and Noise Disturbance - Is this being changed to something that is measurable? Staff explained that the definitions are from State law. There was a discussion about decibel levels in the State law. The County doesn't have a noise meter or a certified noise reader on staff. Chairman Johnson said that he would like to see some of the human element left in the definition. · Overlay District - Why was the sentence "The environmentally sensitive areas overlay district and its implementing provisions for geologically hazardous areas, critical aquifer recharge areas, frequently flooded areas, wetlands, and fish and wildlife habitat areas, shall take precedence over any conflicting provision with another overlay district or subarea plan adopted pursuant to this code." deleted? Staff said that the prior sentence said the same thing. Commissioner Sullivan and Chairman Johnson directed that the language describing the critical areas be left in. They also suggested that Staff could look at this further if they chose and come back with a recommendation. Chairman Johnson asked about the following definitions: · Allowable outright uses exempt from the UDC - Staff explained that these uses are things like the Christmas Bazaar at Chimacum High School, fires works on New Year's Eve, a home business if everything is done within the home and there are no signs, and garage sales to name a few. All of these activities are permitted "as a matter of right." Commissioner Sullivan suggested that the wording say, "allowed use without a permit." · Why are the definitions of animal hobby kennels and hobby kennels the same? Staff suggested that the use table distinguishes between the two. The Board directed that Staff do more work on these two definitions and come back with a recommendation. · Intensification of Non-conforming Use - Any increase or expansion in the quality or quantity of produces, goods and services, structures or adverse impacts. Why was the word expansion added? Staff explained that it was added to further clarify the word intensification. Commissioner Rodgers asked about the following definition: · Junk Motor Vehicles - Is that consistent with the Board of Health ordinance? Staff explained that this is taken from State law. The Commissioners agreed that the wording in the UDC and the Health Code needs to be consistent. David Alvarez said that he will advise the Health Department Staffto use the proper terms since they are working on refining the ordinance. Al Scalf stated that the definitions are intended to give guidance and are not intended to be code or establish regulations. Code is the regulatory prescriptive part ofthe process. He explained the process for a project. Page 5 Commissioners Meeting Minutes: Week of February 13, 2006 -,"" Commissioner Sullivan noted that it would have been better for Staff to do a matrix of the changes and the reasons why they were done. He also asked Staff to make sure that the advertising for the UDC public hearings actually detailed the changes made. The meeting was recessed at the close of business on Monday and reconvened on Tuesday. All three Commissioners were present. From 10:00 to 10:30 a.m. they met in Executive Session with the County Administrator, the Deputy Prosecuting Attorney, and the Director of Community Development regarding actual litigation. JEFFERSON COUNTY BO F COMMISSIONERS ....- hil Johnso, air IJa1/' U 4~v~~/t/~ DaVId W. Sulhvan, Member V~~ff --------. /C;lJQJ1Oi I/l.."~<~ I C'/n L ~ie Matthes, CMC Deputy Clerk of the Board Page 6