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District No. 1 Commiuloner: 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 July 10, 2006
Chairman Phil Johnson called the meeting to order in the presence of Commissioner David
W. Sullivan and Commissioner Patrick M. Rodgers.
Al Scalf, Director of Community Development re: Timeline for Critical Areas Proposal: Al
Scalf reviewed the history of the Unified Development Code (UDC):
· Washington Environmental Council (WEC) appealed the best available science (BAS) to the
Western Washington Growth Management Hearings Board (WWGMHB) in 2001.
· Jefferson County was selected as one of the first counties to review and update their Comprehensive
Plan in 2004 and incorporate BAS as statutorily defined by the Legislators.
· The County wrote to the Governor asking for an extension on the update because the guidelines for
BAS from the State Department of Ecology (DOE) had not been adopted.
· The County was not given an extension and the County Commissioners at that time chose to re-adopt
the BAS in the UDC which was appealed to the WWGMHB by the WEC in 2005.
· The County and the WEC have negotiated and signed two settlement agreements regarding critical
areas/BAS issues.
· The two petitions regarding BAS were combined as one case before the WWGMHB and a "hearing
on the merits" is currently scheduled before the Hearings Board on October 6, 2006.
· This year DCD drafted a Critical Areas Ordinance that was released to the public in May and has
gone through the Planning Commission process. The wetland buffers in the ordinance have been
criticized by the agricultural community and other property owners as too restrictive.
Commissioner Sullivan stated that in several cases such as streams, the buffers are decreasing. The County
is currently developing an information sheet for the public with questions and answers regarding the
proposed ordinance.
Josh Peters, Senior Planner reviewed the milestone calendar for the adoption of the Critical Areas Ordinance
by January 18, 2007 if the extension is approved in an amendment to the Second Settlement agreement with
the WEe. It was noted that this would add to the Planning Commission's already busy schedule at the end
of the year.
Page 1
Commissioners Meeting Minutes: Week of July 10, 2006
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The Planning Commission has offered to hold a public forum within the next few weeks to answer questions
on the proposed Critical Areas Ordinance. The County Administrator suggested that they work with the
DCD Director and the Board agreed. There was also a discussion about forming a sub-committee of the
Planning Commission to review BAS for the County. Commissioner Sullivan also mentioned the possibility
of the formation of an advisory board made up of stakeholders that would be appointed by the Board.
Discussion re: Amendment to Second Settlement Agreement; Washington Environmental
Council: (See also minutes of July 3,2006.) County Administrator John Fischbach handed out a draft
amendment to the Second Settlement Agreement with the Washington Environmental Council (WEC). He
stated that in June, the County Commissioners had requested a 90 day extension on the implementation of
the Critical Areas Ordinance and the WEC agreed to a 6 month extension from July 18, 2006 to January 18,
2007. The Board also asked for a 2 month extension on the deadline for the hearing on the Chimacum
Creek Management Plan The County Administrator noted that in the latest version of the amendment the
WEC extended the deadlines on the implementation of both documents to January 18,2007.
Commissioner Rodgers moved to have the County's outside counsel sign the latest version of the
amendment to the Second Settlement Agreement extending the deadlines to January 18, 2007.
Commissioner Sullivan seconded the motion which carried by a unanimous vote.
APPROVAL OF MINUTES: Commissioner Sullivan moved to approve the minutes of June
26, 2006 as presented. Commissioner Rodgers seconded the motion which carried by a unanimous vote.
PUBLIC COMMENT PERIOD: The following comments were made: the latest issue of
National Geographic has an article on fast growing coastal areas that shows a 12-22% increase in Jefferson
County's population from 2003 to 2008; the Board has a great deal oflatitude to modify guidelines from the
DOE and DCD needs to talk with King County Planning staff because they made a presentation to the
Central Puget Sound Growth Management Hearings Board that resulted in a significant reduction of the
required buffers on wetlands that was based on their own science; the County needs to put together a
document showing the changes in buffers resulting from the proposed Critical Areas Ordinance; Section 2
of the Washington Environmental Council Settlement Agreement states that the County shall adopt the DOE
wetland rating system and wetland management provisions as outlined in the DOE manual; and 85% of the
land in the County is public land that won't be developed so there is no reason to put unrealistic restrictions
on development for the remaining 15%.
Page 2
Commissioners Meeting Minutes: Week of July 10, 2006
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. 43-06 re: Temporary Road Closure of Paradise Bay Road; Project No. CRl148
2. AGREEMENT No. 20-A13279 re: Aquatic Lease for South Indian Island County Park; Jefferson
County Public Works; Washington State Department of Natural Resources (DNR)
3. AGREEMENT re: Permit Process Improvement Initiative; Jefferson County Department of
Community Development; The Latimore Company, LLC
4. AGREEMENT, Amendment No.9 re: 2005-2006 Consolidated Contract Services; Amending
Statement of Work; Jefferson County Public Health; Washington State Department of Health
5. AGREEMENT re: Foster Care Passport Program; Jefferson County Public Health; Washington
State Department of Social and Health Services
6. AGREEMENT NO. 0663-98796 re: Alternative Response System Services and Early Intervention
Program; Jefferson County Public Health; Washington State Department of Social and Health
Services
HEARING re: Disposal of Surplus Property: Chairman Johnson opened the public
hearing. Treasurer Judi Morris and Darrell Ertle from the Public Works Department were present. On
June 12, the Board approved Resolution No. 32-06 in the matter of a notice of intention to sell surplus
County property. This public hearing is to take testimony regarding the disposal of a railroad car that was
used as a bridge on the West End.
The Chair opened the hearing for public testimony. Hearing no comments for or against the sale of
surplus property, Chairman Johnson closed the public hearing.
The Board directed the Treasurer to advertise the notice of sale in the newspaper. The railroad car will be
sold at a public sealed bid auction on August 4, 2006.
HEARING re: Proposed Ordinance Clarifying the Program of Administering the Public
Infrastructure Fund (PIF): Chairman Johnson opened the public hearing. John Fischbach stated that the
changes in the ordinance are to Sections 5 and 6 and replace the Economic Development Council with the
County Administrator or designee as the administrator for the Public Infrastructure Fund. The proposed
ordinance replaces Ordinance No. 02-0124-05.
The Chair opened the hearing for public testimony. Hearing no comments for or against the revised Public
Infrastructure Fund ordinance, Chairman Johnson closed the public hearing.
Page 3
Commissioners Meeting Minutes: Week of July 10, 2006
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Commissioner Rodgers moved to approve ORDINANCE NO. 09-0710-06, in the matter of clarifying the
program of administering the Public Infrastructure Fund. Commissioner Sullivan seconded the motion
which carried by a unanimous vote.
Discussion with Possible Adoption re: Proposed Ordinance Unified Development Code
(UDC) Omnibus: Rachel McHugh, Assistant Planner, reported that she prepared a memo summarizing the
Board's deliberations on the UDC amendments on June 19 and 21,2006. The Board had discussed
separating the mining amendment language from the other UDC amendments. The 2 draft ordinances
before the Board today cover only the adoption of the amendments to the UDC. The difference in these 2
ordinances is the effective date of July 17, 2006. Another ordinance will be developed to address the
mmmg Issues.
The Board suggested a few more minor corrections to the final amendment document:
· Section 18.15.015 (3)(c), p. 6: The language was removed as asked but the line-out language
wasn't noted.
· Section 18.20:020, p. 4: The number of junk cars needs to be consistent with the Board of Health
ordinance passed this year. The number 13 needs to be changed to number 3.
· Section 18.10.140, pp. 25 & 26: The Board directed that staffnot change the definition for "noise"
and not add the new language for "noise disturbance." "Noise exposure forecast level" can be
removed. They agreed that the noise issue needs to be addressed in more detail in the future.
· Section 18.30.150, p. 24: The size of perpendicular signs should be changed back to 7 feet rather
than 6 feet, 8 inches.
Commissioner Sullivan moved to approve ORDINANCE NO. 08-0710-06, adopting the amendments to
the Unified Development Code as corrected with an effective date of July 17, 2006. Commissioner
Rodgers seconded the motion which carried by a unanimous vote.
The meeting was recessed at the close of business on Monday and reconvened on Tuesday in the
Mason County Commissioners Chambers in Shelton for ajoint public hearing with the Mason County
Commissioners on the Water Resources Inventory Area 16 (WRIA 16) Watershed Plan. All 3 Jefferson
County Commissioners were present.
Page 4
Commissioners Meeting Minutes: Week of July 10, 2006
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JOINT HEARING with Mason County Commissioners re: Water Resource Inventory
Area (WRIA)16: (Held in Mason County - See attached Mason County Commissioner's minutes for July
11, 2006)
JEFFERSON COUNTY
BOARD OF C MMISSIONERS
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Deputy Clerk of the Board
il Johns n, Chair
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Page 5
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
JULY 11, 2006
1. Call to Order - The regular meeting was called to order at 9:00 a.m. by the Chairperson.
2. Pledge of Allegiance - The chairperson led the flag salute.
3. Roll Call - Present: Cmmr. Dist. 1 - Lynda Ring Erickson; Cmmr. Dist. 2 - Tim Sheldon; Cmmr. Dist. 3 _
Jayni L. Kamin.
4. Correspondence and Organizational Business
4.1 Correspondence
4.1.1 Sharon L. Gove, Tom Welch and Deam M. Pavletich are seeking appointment to the Mason
County Housing Authority Commission.
4.1.2 The Skokomish Tribe sent a list of their newly elected Tribal Council members, which were
inaugurated on June 7, 2006.
4.1.3 The Port of Hoods port would like assistance in facilitating a meeting with County staff
regarding future plans for Foothills Park in Hoodsport.
4.1.4 Mark and Shaune Griggs, Jim Amador, and Cheryl Macy expressed their concerns regarding
Simpson Timber Company's request to rezone property on Story Road from Rural Residential
to Rural Natural Resource.
4.1.5 The Housing Authority of Mason County sent their 2005 Annual Report.
4.1.6 The Lewis-Mason- Thurston Area Agency on Aging sent notice that David Shephard, Karen
Shephard and Sharon Gove need to be reappointed for the 2006-2007 term.
4.1.7 Steve Clayton, Steve B. Garrison, Mary Lou Borgert and Bill Dewey are seeking appointment
to the Planning Advisory Commission.
4.1.8 The Washington State Office of Financial Management sent their 2006 population
determinations.
4.1.9 United States Department of the Interior, Bureau of Land Management, sent a Draft
Supplement to the 2004 Final SEIS to Remove or Modify the Survey and Manage Mitigation
Measure Standards and Guidelines. (On file with the Clerk of the Board.)
4.2 News Release - It was announced that Cmmr. Ring Erickson was reappointed to the WSAC
Legislative Steering Committee for the 2006/2007 Legislative Session.
5. Open Forum for Citizen Input
5.1 Ralph Lartz, North Mason Community Voice, announced they sponsored a free seminar last Saturday,
July 8, at the Theler Community Center "Healthy Discussions, Make Healthy Communities." They
had approximately 30 people attending.
6. Adoption of Agenda - Cmmr. Kamin/Sheldon moved and seconded to adopt the agenda as published.
Motion carried unanimously. K-aye; RE-aye; S-aye.
7. Approval of Minutes - Cmmr. Sheldon/Kamin moved and seconded to approve the briefing minutes for
the following weeks: April 17, April 24, May 8, May 15, May 22, May 26, May 29, and June 5, 2006.
8. Approval of Consent Agenda: All items listed under the "Consent Agenda" are considered to be routine by
the Commission and will be enacted by one motion unless a Commissioner or citizen so requests, in which
event the item will be removed from the Consent Agenda and considered in its normal sequence on the
agenda.
8.1 Approval of the 2006-2007 Community Economic Development Strategy (CEDS) project list as
submitted by the Mason County Economic Development Council. Resolution No. 69-06 (Exhibit A)
8.2 Approval for Public Works to advertise, set the bid opening date/time, award contract, and authorize
the Chair to sign all pertinent documents for 2006 AC Overlay projects for County Road Project (CRP)
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
JULY 11, 2006 - PAGE 2
1867 & 1868, John's Prairie Road; CRP 1869, Old Belfair Highway and CRP 1876, Hulbert Road
West.
8.3 Approval of the Reimbursable Agreement between the Road Department and Mason County Utility
and Waste Management Department for maintenance work.
8.4 Approval of the resolution closing Clifton Lane on August 12, 2006, from 7:00 a.rn. to 9:00 p.m. for
the ''Taste of Hood Canal" event. Resolution No. 70-06 (Exhibit B)
8.5 Approval of the Centennial Clean Water Fund Grant number G0600378 between the Department of
Ecology and Mason County Department of Health Services. The amount is $320,000 and expires no
later than December 31, 2007.
8.6 Approval of the resolution setting a public hearing on Tuesday, July 25,2006 at 6:30 p.rn. to consider a
budget transfer to the Current Expense Fund in the amount of $22,000 and a supplemental
appropriation to the Current Expense Fund in the amount of $65,000. Resolution No. 71-06 (Exhibit
C)
8.7 Approval of Veterans Assistance Fund applications for: Robert Duane Rietze - housing $600.00;
Robert A. Bacon - utilities $107.79 and food $100.00; Corrina Lee Brough Schnoor - utilities $82.30
and food $100.00; Lawrence R. DeYoung utilities $583.22 and food $16.78; Billy Ray Smith (Edith) -
housing $525.00; and Patricia L. Fair - food $300 for a total of$2,415.09 as recommended by the
Veterans Assistance Fund Screening Committee.
8.8 No objections to the new liquor license application for Little Creek Casino Resort, Sport Entertainment
Facility, W 91 SR 108, Shelton. Applicants are Squaxin Island Gaming Enterprise & Foxwood
Management Co. Associates.
8.9 Approval of the following contracts for the 2006 Mason County Fair & Rodeo: John Rodius - Old
Time Fiddlers Association, $100; Dianna Root dba Evergreen Country Dancers of Olympia; David
Pierik" Cellodad", $500; Chris Wedes aka JP Patches, $650; Jonathan Harris Country Western
Performances, $2,700; and Morning Star Lion's Club to provide staff for ticket taking, $925. These
are budgeted in the FairIRodeo budgets.
8.10 Claims Clearing Fund Warrant #s 108153-108708 $1,406,640.92
Salary Clearing Fund Warrant #s 158448-158970 $1,393,301.13
Cmmr. SheldonlKamin moved and seconded to approve the consent agenda Items 8.1- 8.10 as
published. Motion carried unanimously. K-aye; RE-aye; S-aye.
9. Public Hearings and Items Set for a Certain Time
9 .1 Joint public hearing of the Boards of Mason and Jefferson County Commissioners, to consider
adoption of the Watershed Management Plan for Skokomish-Dosewallips Water Resource Inventory
Area (WRIA 16). Jefferson County Commissioners Phil Johnson, David Sullivan, and Patrick Rodgers
were present.
Pam Bennett-Cumming, Planner, gave an overview of the plan. She noted that the plan looks at water
quantity, water quality and habitat. She clarified the plan is not about water rights or instream flow.
The planning unit consists of the governments, PUD, Tribe. It was noted open houses were held in
Brinnon, Union, and Hoodsport to share and receive information about the process. A State
Environmental Policy Act (SEPA) Determination of Non-Significance was issued that adopted the
statewide Environmental Impact Statement (EIS) for watershed planning.
Jefferson County Planner, Tarni Pokorny, explained the WRIA 16 Watershed Plan would be a great
asset to Jefferson County.
There was discussion on whether the Jefferson County Commissioners could take action when they are
not seated in their county seat. It was noted the Watershed Act specifies both counties take action.
Jefferson County Commissioners could vote in Mason County but they might want to vote in Jefferson
County affIrming the action.
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
JULY 11, 2006 - PAGE 3
Ms. Bennett-Cumming noted that RCW 90.82.130 guides in the process of plan approval including
public notice and hearing. Public notice was given in both counties. Approval of the plan is by
majority vote of each of the members of each of the counties in the management area. Mason County
is the lead agency for the watershed planning.
There were no public comments received.
Cmmr. Kamin felt this WRIA 16 process is a success story. This process has been in the works since
approximately 1999.
Jefferson County Commissioner Rodgers noted one of the things he appreciated was there is no
priority set up in terms of where they put the efforts fIrst. He would like to put the emphasis where
they would have the greatest impact for the fInal result on Hood Canal.
Jefferson County Commissioner David Sullivan stated this has been an ongoing relationship through
the process.
Jefferson County Commissioner Phil Johnson noted this is a great fIrst step for the community. There
was a lot of cooperation and collaboration. The staff did a tremendous work. He referred to the
disclaimer on page 34 of the plan, "nothing in this plan creates an obligation for Planning Unit member
unless that member determines that funding is available. . . "
Cmmr. Sheldon noted that Jefferson and Mason are similar in that each county has one incorporated
city.
Cmmr. Kamin also acknowledged the efforts of the Skokomish Tribe.
Cmmr. Rodgers noted that the publication demonstrates a positive accomplishment.
Cmmr. KaminJRodgers/Sheldon moved and seconded to approve the Watershed Management
Plan for Skokomish-Dosewallips Water Resource Inventory Area (WRIA) 16 as published.
Motion carried unanimously. Ordinance No. 72-06 (Exhibit D) K-aye; RE-aye; S-aye; Jefferson
County - J-aye; R-aye; S-aye.
10. Other Business (Department Heads and Elected Officials)
10.1 A question was raised about the bodies of water in Mason County that are on the 303D list.
Emmett Dobey, Community Development Director, stated the 303D list is a program, which was
development by Department of Ecology several years ago to measure the water quality of water
bodies. Placement on the list is for a number of different parameters: dissolved oxygen, bacteria
contaminations, etc. It does mean there is a problem in the water, but does not indicate how bad the
problem is. It does not necessarily mean the water is greatly polluted. The primary body of water is
Hood Canal because of dissolved oxygen.
Debby Riley, Environmental Health Manager, noted the 303D list is updated by Department of
Ecology every several years. It came out of the EPA Clean Water Act. Whether the body of water
makes the list is determined by the specifIc sampling. The sampling could be affected by such items as
temperature, turbidity, fecal contamination. They use the list to help prioritize the day to day work.
The board requested a copy of the list and why the water is on the list.
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
JULY 11, 2006 - PAGE 4
11. Board's Reports and Calendar - The board reported on meetings attended the previous week and announced
calendar items for the upcoming week.
12. Adjournment - The meeting adjourned at 9:33 a.m.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Lynda Ring Erickson, Chair
ATTEST:
Tim Sheldon, Commissioner
Rebecca S. Rogers, Clerk of the Board
Jayni L. Kamin, Commissioner