Loading...
HomeMy WebLinkAboutM011408 District No.1 Commissioner: Phil Johnson District No.2 Commissioner: David W. Sulllvu District No.3 Commissioner: John Austin County Administrator: John F. Fischbach Clerk of the Board: Lorna Delaney MINUTES Week of January 14, 2008 Chairman Phil Johnson called the meeting to order in the presence of Commissioners David Sullivan and John Austin. PUBLIC COMMENT PERIOD: The following comments were made by citizens: adequate affordable housing needs to be available in the proposed Brinnon Master Planned Resort (MPR); a request was made that the Board ask Legislators in Washington, DC to pass legislation that allows an exception to the Jones Act prohibition of acquiring ferries built outside the US; the Planning Commission's Brinnon MPR minority report hasn't been reviewed and the conditions aren't based on factual information; several citizens stated concerns about the proposed Onsite Sewage System Inspection Program and the time and location ofthe public hearing; a request that the Board contact U.S. Senators about saving the Port Townsend Post Office; a barge hit an interstate bridge near San Francisco this weekend; government is required to go out to bid on services so that the public gets the best price possible for the work; and the Board doesn't understand the legal, case law and administrative law framework for approving development in Washington State. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Austin moved to delete Item #5 and #6 and approve the balance ofthe Consent Agenda. Commissioner Sullivan seconded the ~otion which carried by a unanimous vote. 1. RESOLUTION NO. 04-08 re: Cancellation of Uncollectible Personal Property Taxes 2. RESOLUTION NO. 05-08 re: Seasonal Closure of Portage Way, County Road No. 575609 3. RESOLUTION NO. 06-08 re: Designation of Frank Gifford, Public Works Director as Applicant Agent and Designation of Monte Reinders, County Engineer as Alternate Applicant Agent, Disaster No. 1734-DR-WA 4. HEARING NOTICE re: Interim Control Ordinance No. 09-1217-07; Mini-Storage Moratorium; Hearing Scheduled for Monday, January 28,2008 at 10:00 a.m. in the Commissioners' Chambers 5. DELETED AGREEMENT, Amendment No.2 re: 2007 Public Defender Services; Adjusting Amount Based on Case Load; Jefferson Associated Counsel (Approved Later in Minutes) 6. DELETED AGREEMENT re: 2008-2009 Public Defender Services; Jefferson Associated Counsel (Approved Later in Minutes) Page 1 Commissioners Meeting Minutes: Week of January 14,2008 7. AGREEMENT re: 2008 Community Services Grant Funding; Olympic Community Action Programs (OlyCAP) 8. AGREEMENTS (2) re: 2008 Hotel-Motel Grant Funding; 1) Jefferson County Tourism Coordinating Council; and 2) Quilcene Historical Museum 9. AGREEMENT re: Community Mobilization Against Substance Abuse and Social and Moral Development of Youth; Jefferson County Public Works, Parks and Recreation Division; Jefferson County Community Network 10. AGREEMENT re: Extension of Solid Waste Transfer Station Design Review, Project No. 40116621 ; Jefferson County Public Works; Fivedot Design/Build 11. AGREEMENT NO. 0863-34120 re: 2008-2009 Various Services; Jefferson County Juvenile Services; Washington State Department of Social and Health Services, Juvenile Rehabilitation Administration 12. AGREEMENT NO. 0863-34107 re: 2008-2009 Disposition Alternatives; Jefferson County Juvenile Services; Washington State Department of Social and Health Services, Juvenile Rehabilitation Administration 13. AGREEMENT NO. 0863-34100 re: 2008-2009 Consolidated Contract; Jefferson County Juvenile Services; Washington State Department of Social and Health Services, Juvenile Rehabilitation Administration 14. AGREEMENT re: Junk/Abandoned Vehicle Towing; Jefferson County Public Health; A & G Import Auto, Inc. 15. AGREEMENT re: Junk/Abandoned Vehicle Towing; Jefferson County Public Health; Peninsula Auto Wrecking 16. AGREEMENT NO. 0863-33456 re: Early Family Support Services (EFSS); Jefferson County Public Health; Washington State Department of Social and Health Services 17. AGREEMENT NO. 0863-34024 re: Early Intervention Program (EIP); Jefferson County Public Health; Washington State Department of Social and Health Services 18. AGREEMENT NO. G0700097, Amendment No.2 re: Grant Funding for the Facilitation of Water Resource Inventory Area (WRIA) 17, Phase 4 - Qui1cene-Snow Watershed Implementation; Jefferson County Public Health; Washington State Department of Ecology 19. AGREEMENT re: Preparation of Meeting Minutes for Water Resource Inventory Area (WRIA) 17 Planning Unit, Phase 4 - Quilcene-Snow Watershed Implementation; Jefferson County Public Health; Brisa Services 20. Payment of Jefferson County Payroll Warrants Dated December 31,2007 Totaling $559,698.48 and January 4,2008 Totaling $711,164.30 AGREEMENT, Amendment No.2 re: 2007 Public Defender Services; Jefferson Associated Counsel: (See Item #5 on the Consent Agenda.) Commissioner Sullivan moved to approve the amendment to the agreement with the Jefferson Associated Counsel adjusting the amount in the agreement based on case load. Commissioner Austin seconded the motion which carried by a unanimous vote. Page 2 Commissioners Meeting Minutes: Week of January 14, 2008 AGREEMENT re: 2008-2009 Public Defender Services; Jefferson Associated Counsel: (See Item #6 on the Consent Agenda.) Commissioner Sullivan noted that although Jefferson Associated Counsel did not submit quarterly reports over the past two years of their contract, he finds their work satisfactory and the County has received positive reports about their work with clients and from the Courts. He suggested that the Law and Justice Council review their quarterly reports in the future. There was a discussion about the need for a clear separation between the Public Defender and the Prosecuting Attorney's Office and the Courts. Commissioner Sullivan concluded that an effective system needs to be put in place to review the quarterly reports. Commissioner Sullivan moved to approve the agreement for 2008-2009 public defender services with Jefferson Associated Counsel. Commissioner Austin seconded the motion which carried by a.unanimous vote. PROCLAMATION re: January 2008 as School Board Recognition Month: The Chair read the proclamation recognizing the work of the School Boards in Jefferson County (including Port Townsend, Chimacum, Brinnon, Quilcene and Queets/Clearwater.) Commissioner Sullivan moved to approve and sign the proclamations as presented. Commissioner Austin seconded the motion which carried by a unanimous vote. COMMISSIONERS BRIEFING SESSION: The County Administrator briefed the Board on the following items: · The General Sewer Plan Review Committee will reconvene in January to review the draft plan for the IrondalelPort Hadlock UGA Sewer project. They will be submitting a recommendation to the Board. · A letter was sent to the State Department of Ecology to let them know that the County is proceeding with the UGA Sewer System and will accept the proposed funding from the Water Grant program. · The Appellate Hearing Examiner's decision upheld the Hearing Examiner's decision on the Port Ludlow case, except for a few minor details. The Board met in Executive Session from 9:40-9:50 a.m. with the County Administrator regarding personnel. This exemption is outlined in the Open Public Meetings Act, RCW 42.30.110(1)(g). Resignation of County Administrator and Employment Modification Agreement: County Administrator John Fischbach announced that he will be resigning his position. He reviewed a proposed contract outlining the terms of his resignation. He also distributed a press release. Commissioner Sullivan moved to accept John Fischbach's resignation and approve the employment modification agreement. Commissioner Austin seconded the motion which carried by a unanimous vote. Page 3 Commissioners Meeting Minutes: Week of January 14, 2008 The Board thanked the County Administrator for his service to the County. Later in the meeting: The Board discussed the need for an interim County Administrator to fill in until a new County Administrator can be hired. The Chairman agreed to talk with the Department Heads to see if any of them are interested. When the Board met after lunch, they briefly reviewed the results of Chairman Johnson's inquiries. County Administrator John Fischbach suggested that the Board may want to meet in Executive Session to continue the discussion. Jay Watson, Hood Canal Coordinating Council (HCCC) re: Overview of the Organization: Jay Watson explained that the Hood Canal Coordinating Council was formed in 1985. Jefferson County is one of five member governments represented on the HCCC. He reviewed the history of the Council and existing programs that deal with salmon recovery and water quality in Hood Canal. The State passed legislation in 2005 which lead to the formation and funding of the Puget Sound Partnership (PSP). The Board was asked to review a table of statutory goals and objectives that the PSP is required to address. The HCCC's current activities overlap with some of the goals and objectives. He stated that staff is requesting direction about how the Board members see the role of the HCCC with the PSP and about future HCCC activities. He said that this will be the main focus of the Hood Canal Coordinating Council meeting in February. Letters Requesting Legislation to Allow an Exception to the Jones Act Prohibition of Acquiring Ferries Built Outside the United States: Commissioner Austin presented a draft letter to Senators Maria Cantwell and Patty Murray and Representative Norm Dicks requesting that they allow the State to temporarily lease two or three ferries for the Port Townsend/Keystone run as soon as possible. Commissioner Sullivan suggested a revision in one sentence to read as follows: We ask for you to pass legislation that would allow an exception to the existing law so Washington State Ferries may temporarily lease two or three ferries from anywhere that meet the following conditions:........ Commissioner Austin moved to have the Board sign the revised letter. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Approval of Additional Paymentfor Reimbursement of Archeological Work Related to the Beckett Point On-site Sewer System: The County Administrator explained that the County has received an invoice from the Public Utility District (PUD)#l for an additional $39,759 for archeological work on the Beckett Point on-site sewer system. To date, the County has reimbursed the PUD approximately $50,000 from a State grant for that amount. This additional request for funding would be paid from the $250,000 grant that the Board authorized in 2007. John Fischbach questioned a charge for $1,650 for the PUD Commissioners' time. Page 4 Commissioners Meeting Minutes: Week of January 14, 2008 Commissioner Sullivan moved to approve the additional payment to the PUD minus the $1,650 for the Commissioners time. Commissioner Austin seconded the motion which carried by a unanimous vote. The Board met in Executive Session from 2:00 - 3:15 p.m. with the County Administrator regarding personnel. This exemption is outlined in the Open Public Meetings Act RCW 42.30.110(1 )(g), hiring! discipline/performance. Deliberations re: 2007 Comprehensive Plan Amendment Applications: The Chair opened the meeting in the Superior Court Courtroom. Director of Community Development Al Scalf reviewed the information that staff needs from the Board when they make their legislative decision on each Comprehensive Plan Amendment. The maps for each amendment are incorporated in the Planning Commission and staff recommendations and would need to be included in the Board's action. MLA07-70 - Tukey Investments LLC This is a 20 acre parcel located on the west side of Oak Bay Road, immediately north of the junction of Oak Bay Road and Old Oak Bay Road. It is zoned Rural Residential, 1 unit per 20 acres (RR 1 :20.) The application is for a rezone to RR 1:5 (1 unit per 5 acres.) A condition of approval was added in the recommendations that future development be set back from the Commercial Forest 1 :80 (CF 1 :80) property that is located adjacent and to the south. Commissioner Austin moved to accept the Planning Commission and staff recommendation to approve the amendment with one condition. Commissioner Sullivan seconded the motion. The Board agreed to include the Planning Commission's findings and the staffreport in their decision. Commissioner Austin noted that the parcel is surrounded on several sides by properties that are zoned at a higher density and there will be no significant environmental impact. The Chair called for a vote on the motion which carried by a unanimous vote. MLA07-79 - Jan Gillanders The two parcels, which total 40 acres, are located on Big Leaf Lane, west of Highway 101, north of Quilcene. The original application is for a rezone of both parcels from Rural Residential, 1 unit per 20 acres (RR 1 :20.) to RR 1 :5. Assistant Planner Karen Barrows reported that the Planning Commission's recommendation is approve the amendment with the modification to use the Little Quilcene River as the boundary. The 12 acres east of the river would be zoned RRl:10 and the 28 acres west of the river would remain RR1 :20. It is also advised that the property owner do a Boundary Line Adjustment (BLA) on the property in the near future. The staff concurred with the Planning Commission's recommendation. Commissioner Sullivan restated the condition of approval: that a BLA application would be submitted in the future to relocate the property boundary to match the river and the proposed zoning boundary. This will result in a split zone, the area to the west ofthe river will retain zoning ofRR1:20 and the area to the east of the river will be rezoned to the higher density ofRR1:10. Page 5 Commissioners Meeting Minutes: Week of January 14,2008 Commissioner Sullivan moved to accept the Planning Commission's and staff recommendations to approve the amendment as modified and to include the Planning Commission's findings and the staff report in their decision. Commissioner Austin seconded the motion. Commissioner Austin also noted for the record that the proposal does not materially affect the land use and population growth projections. The Chair called for a vote on the motion which carried by a unanimous vote. MLA07-90 - Richard Broders The property is located on the west side of Highway 101 at Discovery Bay. The request would create a Mineral Resource Land (MRL) overlay on approximately 180 acres that is zoned Commercial Forest Land (CF 1 :80.) The Planning Commission's recommendation is to approve this application. The original staff recommendation was to approve with one condition. Since that time, based on public comment, they have added six more conditions. The seven conditions were discussed at an earlier meeting. Al Scalf noted that Commissioner Austin had a question about the seasonal water table and asked staff to revise the language. Assistant Planner Joel Peterson read the new language, Mining shall be limited to a maximum depth of 10 feet above the seasonal high water table as determined by the best available scientific technique and concurrence with the Department of Ecology. Commissioner Sullivan moved to approve MLA07 -90 with the seven conditions, including the revised condition just stated, and that the Planning Commission's recommendation and staff report be included. Commissioner Austin seconded the motion. Commissioner Austin also noted for the record that particular attention was paid to critical areas in this amendment including the prohibition of mining in wetlands and wetland buffers. In addition, the family lives on the property and has a history of effective stewardship for the land. The Chair called for a vote on the motion which carried by a unanimous vote. MLA07-93 - Rayonier Forest Resources L.P. The property is 42.91 acres and is located in the Westend ofthe County on Clearwater Road. It is currently zoned Rural Forest Land, 1 unit per 40 acres (RF 1 :40). The application is for a rezone to Rural Residential, 1 unit per 5 acres (RR 1 :5). The Planning Commission and staff recommendation is to deny the application. Commissioner Austin moved to deny the amendment and include the Planning Commission recommendation and staff report. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Page 6 Commissioners Meeting Minutes: Week of January 14, 2008 MLA07-94 - Rayonier Forest Resources L.P. The property is approximately 120 acres and is located west of Oak Bay Road and north of Mats Mats Beach Road. It is currently zoned Commercial Forest Land, 1 unit per 80 acres (CF 1 :80) and Rural Forest Land, 1 unit per 40 acres (RF 1 :40). The proposal is to rezone the CF 1 :80 to Rural Residential 1 :20 and the RF 1:40 to RR 1:10. The Planning Commission and staff recommendation is to deny this application. Commissioner Sullivan moved to deny the amendment and include the Planning Commission recommendation and staff report. Commissioner Austin seconded the motion. Commissioner Sullivan noted that during their last discussion on this amendment, the Board indicated that new forms of land use to serve as a transition between forest land and residential land need to be addressed during the next Comprehensive Plan update. Commissioner Austin stated his concerns that it would place pressure for further development on designated resource land if the amendment is approved. The Chair called for a vote on the motion to deny the amendment which carried by a unanimous vote. MLA07-96 - Hill Timber and Joseph D'Amico The property is west of Highway 101. The original request has been revised to consider only the easternmost parcels. The request is for a rezone from Rural Residential,l unit per 20 acres (RR 1 :20) to Commercial Forest (CF 1 :80.) The Planning Commission's recommendation is to deny this application. The final staff recommendation is to approve this downzone from a RR 1 :20 designation to a Rural Forest Land designation (RF 1 :40). Commissioner Sullivan moved to accept the Planning Commission's recommendation to deny this amendment. Commissioner Austin seconded the motion. Commissioner Sullivan reiterated that he did not find support for downzones in the Comprehensive Plan and he does not think that changing rural residential areas to resource lands was envisioned. He cited NRG 4.0, NRP 4.1 and 4.3 and the resource land section in the Comprehensive Plan regarding the need to protect work being done on resource lands. He feels that people expect some certainty when the purchase residential land. Commissioner Austin concurred with Commissioner Sullivan's comments. The Chair called for a vote on the motion to deny the amendment which carried by a unanimous vote. MLA07-99 - Sharon McCarthy The 20 acre parcel is located west of South Jacob Miller Road. The request is a rezone from RR 1 :20 to RR 1:5. The Planning Commission and the staff recommendation is to approve the amendment. Page 7 Commissioners Meeting Minutes: Week of January 14,2008 Commissioner Austin moved to approve MLA07 -99 and include the Planning Commission and staff recommendations and the maps. Commissioner Sullivan seconded the motion. He noted that the rezoning will be congruent with the adjacent properties. The Chair called for a vote on the motion which carried by a unanimous vote. MLA07-100 - Sharon McCarthy The 20 acre parcel is located west of South Jacob Miller Road. The request is a rezone from RR 1 :20 to RR 1:5. Commissioner Sullivan moved to approve MLA07-100 and include the Planning Commission and staff recommendations and the maps. Commissioner Austin seconded the motion. He noted that the property is surrounded by parcels that are considerably smaller. The Chair called for a vote on the motion which carried by a unanimous vote. MLA07-104 -Jefferson County This is a suggested amendment to incorporate up to two site specific rezones for an Industrial Land Bank. Staffhas recommended that a final legislative decision on the proposal be deferred and that the matter be included on the 2008 Comprehensive Plan Amendment docket. Commissioner Sullivan moved to accept the staff recommendation to include this amendment on the 2008 Comprehensive Plan Amendment docket. Commissioner Austin seconded the motion. Commissioner Sullivan noted that the background work and data collection on this project is moving forward. The Chair called for a vote on the motion which carried by a unanimous vote. Al Scalf asked the Board to direct staff to prepare a final ordinance for the Consent Agenda to reflect the Board's legislative approval on the 2007 Comprehensive Plan Amendment applications for Tukey, Gillanders, Broders, McCarthy (2) and the Industrial Landbank. He also asked that the Board include the following findings in the record: that the record includes the application, the comffient letters, the Planning Commission's process and public hearing, the environmental review and the Board's public hearings and deliberation meetings, and the 30 day extension to January 14 that the Board authorized based upon the public interest. He added that this entire public process ensures the Growth Management requirement for frequent and open public participation. Commissioner Sullivan moved to direct staff to prepare an ordinance incorporating the information noted by Al Scalf. Commissioner Austin seconded the motion which carried by a unanimous vote. Page 8 Commissioners Meeting Minutes: Week of January 14, 2008 MLA06-87 - Statesman Group Statesman Group of Companies of Calgary, Alberta is requesting a Master Planned Resort (MPR) designation in the Pleasant HarborlBlack Point area of Brinnon east of Highway 101 and south of Black Point Road. Staff recommends approval of a Brinnon Sub-area Plan alternative which would include the Tudor and Jupiter properties with the Statesman alternative. The Planning Commission recommends approval ofthe Statesman alternative depicted in the Final Environmental Impact Statement (FEIS) onpage 1-4 and commonly referred to as "the proposal." Commissioner Austin moved to approve MLA06-87, the Statesman proposal, as revised with conditions to amend the Jefferson County Comprehensive Plan on pages 3-23 and 3-45. The Comprehensive Plan narrative on page 3-23 would be amended to add language below the last paragraph to read, Early in 2008 Jefferson County designated a new Master Planned Resort in Brinnon. The new Master Planned Resort is 256 acres in size and includes the Pleasant Harbor and Black Point areas. The marina area is existing and would be developed to include additional commercial and residential uses such as townhouses and villas. The Black Point area of the new resort would include new facilities such as a golf course, a restaurant, a resort center, townhouses, villas, staff housing and a community center. The overall residential construction would not exceed 890 total units. The Comprehensive Plan landuse designations on page 3-45 for this area would be changed to reflect a Master Planned Resort as outline~ in the November 27,2007 Final Environmental Impact Statement on page 1.4. Commissioner Sullivan seconded the motion. Al Scalf explained that there are 14 steps that he would like the Board to take when they consider their vote and he reviewed several of the steps. Step 1 and 2: Motion and second to approve with modifications or conditions. Step 4: Consistency with GMA in State RCW 36.70.A.360 which deals with Master Planned Resorts and states that an MPR: 1) May constitute urban growth 2) Adequately addresses capital facilities, utilities and services 3) Residential uses are integrated and supported by the onsite recreational nature 4) The County may only authorize an MPR if: A) The Comprehensive Plan has policies to guide that development. B) The Comprehensive Plan development regulations preclude new urban or suburban uses in the nearby area. C) The MPR designation is better suited than a resource lands designation if the land is currently designated as resource lands. D) The Resort Plan is consistent with development regulations for critical areas. E) Onsite and offsite infrastructure have been adequately addressed. Commissioner Austin explained that he thinks all of these requirements have been met. The MPR proposal has an effective sewage treatment plant and the stormwater runoff does not flow in to Hood Canal. The original plan showed homes built on the south bluffwhich have replaced with open space and the Brinnon Subarea Plan had allowed houses with onsite septic systems in that area. There have been suggestions that the area be designated as timber resource land, but that doesn't really fit. An MPR was suggested in the Page 9 Commissioners Meeting Minutes: Week of January 14, 2008 Brinnon Subarea Plan and makes more sense. He believes that the FEIS addresses the concerns about harm to the environment that has been mentioned in oral and written testimony. He thinks that the aquifer issues are being addressed by the large kettle on the site. They have proposed a system for processing sewage water into Class A water that will be used to flush toilets and water the golf course. Staff housing has been addressed. Commissioner Sullivan explained that the Comprehensive Plan addresses goals and policies for Master Planned Resorts in Landuse Goal 24.0 and Landuse Policies 24.1 through 24.3. It is important to note that Goal 1.0 and Policies 1.1 through 1.3 in the Brinnon Subarea Plan address the development of an MPR and that the Brinnon Subarea Plan was made a part of the Comprehensive Plan in 2002. Al Scalf stated that the Board's comments have addressed Step 4. In addition, they also address Step 5, consistency with the Comprehensive Plan, and Step 6, consistency with the Brinnon Subarea Plan as adopted by the Board on May 1, 2002. He asked that the Board enter an affirmative finding related to Steps #4, #5 and #6. Commissioner Sullivan pointed out that, in the future, memorandums of agreement (MOA) will need to be developed to address capital facilities and services. Al Scalf answered that this would be done at a different phase of the project after the MPR is approved. No building permit would be issued until the County has reviewed the interlocal agreements. There was a discussion about the analysis and preparation of the MOAs. and when this would take place in the process. Commissioner Sullivan stated that the Comprehensive Plan only requires the applicant to be responsible for the impact that the project has on services in the community such as the Fire District or the school. He thinks that the community does not have a clear understanding of that and that they are expecting more. The County won't know what the applicant is willing to give until the MOAs are developed. Commissioner Sullivan added that he plans to talk about the MOA process more when any additional conditions are discussed. The Board affirmed that Steps 4,5, and 6 have been met. Step 7: Consistency with Jefferson County Code, Title 18. This is the provision in the code that introduces Master Planned Resorts. Al Scalf reviewed the sections in Title 18 that address the MPR. The Board agreed with the references in JCC 18.15.025, JCC 18.15.115, JCC18.45.080, JCC 18.15.120, JCC 18.15.123, JCC 18.15.126, JCC 18.15.129, JCC 18.15.135, and JCC 18.15.138. Step 8: Consistency with the Planning Enabling Act, State RCW 36.70. The amendment was brought forward to the Commissioners, forwarded to the Planning Commission for public hearing and process, the Planning Commission forwarded their recommendation with seven conditions to the Board with three additional conditions in their minority report. The Board considered all the merits of the proposal through the public process, conducted their own public hearing, and will enter Page 10 Commissioners Meeting Minutes: Week of January 14, 2008 their own findings. The Board is the sole decision maker for the County. The Board agreed. Al Scalf explained that the Board has already discussed and agreed to Step #9, which is that the amendment went through the process as outlined in JCC 18.40 and JCC 18.45. Step 10: Any additional findings and growth management indicators that the Board would like to put into the record. Step 11 Incorporation of the mitigating conditions in Chapter 5 ofthe FEIS. Step 12 Additional Conditions. Commissioner Sullivan reviewed the following additional conditions: 1. All applications will be given an automatic SEP A threshold determination of Determination of Significance at the project level except where the SEP A Responsible Official determines it to be minor construction. Al Scalf replied that staff agrees with that condition and it is similar to a condition for the Port Ludlow MPR. 2. Any analysis of environmental impacts is to be based on science and data pertinent to the Brinnon site. This includes rainfall projections, runoff projections and potential impacts on Hood Canal. Stacie Hoskins stated that staffhas no objection to that condition. 3. To the extent necessary to achieve the goal of designing and installing storm water management infrastructure and techniques that allow no storm water run-off into the Hood Canal, the applicant shall prepare a soil study of the soils present at the MPR location. Chairman Johnson added that he has a similar condition: Stormwater discharge from the golf course resort shall meet requirements of zero discharge into Hood Canal. Soils must be proven to be conducive to the intended infiltration, either in their natural condition, or after amendment. Marina discharge shall be treated by a system that reduces contamination to the greatest possible extent. Staff and the Board agreed to combine both recommendations as a condition in the ordinance. 4. Any study done at the project level pursuant to SEPA (RCW 43.21 C) shall include a distinct report by a mutually chosen environmental scientist on the impacts to the hydrology and hydrogeology of the MPR location of the applicant's intention to use one of the existing kettles at the MPR location for the storage of water. Said report shall be peer reviewed by a second scientist mutually chosen by the applicant and the County. The applicant will pay for these reports. Staff agreed. 5. A County based comprehensive water quality-monitoring plan specific to Pleasant Harbor requiring at least monthly water collection and testing will be developed and approved in concert with an adaptive management program prior to any site-specific action. Al Scalf noted that it would be difficult for the County to develop a plan and he suggested that it may be better to use the best available science from State agencies. Commissioner Sullivan stated that his goal is that the monitoring would show the yearly differences and the County would obtain data collected over a long period oftinie that would show changes. He said that he will look at the BAS from the State to see if he wants a higher standard. Page 11 Commissioners Meeting Minutes: Week of January 14,2008 6. The marina operations shall conduct ongoing monitoring and maintain an inventory regarding Tunicates and other invasive species and shall be required to participate with the County in an adaptive management program to eliminate, minimize, and fully mitigate any changes arising from the Resort and related Pleasant Harbor or Maritime Village. Al Scalf suggested adding ".....County and State agencies in an adaptive management program....." Commissioner Sullivan agreed. 7. There shall be included a best management practice for the operation and maintenance of a golf course within the MPR that requires the applicant to keep a log of the type and quantity of fertilizers, pesticides, and herbicides used on the MPR site and this information will be made available to the public. Al Scalf stated that staff is agreeable, but that the "cure cannot be greater than the harm" and there has to be a nexus between the condition and the true affect on the ground. 8. ' Approval of a Class A water system by State Department of Health and approval of a Water Rights Certificate by State Department of Ecology shall be required prior to applying for any Jefferson County permits. Stacie Hoskins asked for clarification. Commissioner Sullivan stated that he doesn't want to have staff do additional work if Statesman can't get water. Stacie Hoskins explained that some reviews occur concurrently between different agencies. Staff can incorporate the condition as written if the Board members agree. 9. Access to the resort water system will be made available to any neighboring parcels if saltwater intrusion becomes an issue for neighboring wells. Al Scalf explained that if there is an approved water system area and urban service in place, the only basis for extending water out of the urban boundary is if an emergency exists. This issue came up regarding the Mats Mats Quarry and a neighborhood water supply policy which supplemented the groundwater monitoring program was included in the EIS. In that case, the policy would be implemented to provide water as quickly as possible to participating neighbors to the south of the quarry should the neighbors suspect that quarry operations have affected their wells. It shows that the developer is looking out for the community. Commissioner Sullivan added that something similar was done on Tala Shores Drive. He agreed that a neighborhood water supply policy would address this condition. 10. Reserve areas for additional recharge wells will be included in case wells fail, are periodically inoperable, or cause mounding due to seawater intrusion. Al Scalf suggested combining this condition with the prior condition and Commission Sullivan agreed. 11. No deforestation or grading will be permitted prior to establishing adequate water rights and an adequate water supply. Al Scalf stated that the Master Plan and site specific data will come forward after the development agreement and zoning code are completed. He interprets this condition to say that no stormwater permit would be issued separate from an overall project review. Commissioner Sullivan reiterated that he wants to be sure that the project has water before a lot of changes are made on the site. 12. Verification of the ability to provide adequate electrical power shall be obtained from Mason PUD. Al Scalf asked if a commitment letter would be sufficient? Commissioner Sullivan replied an MOA or commitment would be fine. 13. In order to comply with Comprehensive Plan LNP 24.9, the site plan for the MPR shall "be designed to blend with the natural setting and, to the maximum extent possible, screen the development and its impacts from the adjacent rural areas." Al Scalf stated that this would be considered in the development agreement/zoning code phase. Page 12 Commissioners Meeting Minutes: Week of January 14, 2008 14. A 200-foot riparian forest buffer shall be required on the steep bluff on the southern portion of the parcel above Hood Canal protected by a permanent conservation easement. Commissioner Sullivan explained that in the FEIS it was noted that this would be considered and he wants it to be required. Commissioner Johnson stated a similar condition: Statesman shall record a conservation easement protecting greenbelts and buffers to include, but not limited to, the riparian buffer along the South canal shoreline, the strip of mature trees between US 101 and the Maritime Village, wetlands and wetland buffers. Easements shall be perpetual and irrevocable recordings dedicating the property as natural forest land buffers. Statesman, at it's expense, shall manage these easements to include removing, when appropriate, naturally fallen trees and replanting to retain a natural visual separation of the development from Highway 101. Al Scalf stated that staff will combine the two conditions. Commissioner Sullivan suggested that the following condition also be incorporated: That in keeping with an approved landscaping and grading plan, and in order to satisfy the intent of JCC 18.15.135 (6), the buildings be built and placed in such a way that they will blend into the terrain and landscape with park like greenbelts between the buildings. Al Scalf stated that staff will combine the three conditions. 15. Construction of the MPR will be done in a manner that strives to preserve trees that are 10 inches or greater at breast height. An arborist will be consulted and the ground staked and flagged to ensure the roots and surrounding soils of significant trees are protected during construction. Al Scalf stated that this would be done as part ofthe forest practice conversion and the applicant has said that they will move trees when possible to be used as part of the landscape. 16. To the extent possible, trees ofsignificant size (10 inches or greater in diameter at breast height) shall be made available with their root wads intact for possible use in salmon recovery projects. Commissioner Sullivan explained that the Dosewallips and Duckabush projects are within close proximity and it is difficult to get trees that size. Staff concurred. Chairman Johnson suggested a similar condition: Development must occur so that evergreen trees and understory remain as undisturbed as possible, with a goal of saving as many trees as possible, to maintain "a setting of significant material amenities." Statesman shall infill plants where appropriate with indigenous trees and shrubs. Al Scalf stated that staff will combine the two. 17. Compliance with Comp Plan LNP 24.5, which requires housing at the MPR to be "predominantly short-term" and JCC 18.15.123, not less than 65% of the residential units at the MPR shall be solely available on a short term basis. Al Scalf stated that this would be in the development agreement/zoning code phase. Commissioner Austin stated that it is important to realize that there will be two types of short-term accommodation, the people who come for a week or two and persons who come on a seasonal basis that may stay for a few months. It is his understanding that the seasonal tourists would contribute to the short-term tourist pool. 18. The applicant is encouraged to keep housing affordable for resort workers at a cost of no greater than 30% of their income. Al Scalf noted that Chairman Johnson had questions about affordable housing also. He suggested that Statesman commission a study to determine the number of jobs expected to be created as a direct or indirect result ofthe MPR that will earn 80% or less ofthe average median income in the Brinnon area and that the applicant shall provide affordable housing roughly proportional to that number. This condition could be satisfied through dedication of land, payment of in lieu of fees, or onsite housing development. Staff can include this in the condition. Page 13 Commissioners Meeting Minutes: Week of January 14, 2008 19. As a condition of development approval, for example, prior to the issuance of any shoreline permit or approval of any preliminary plat, there shall be executed or recorded with the County Auditor a document reflecting the applicant's written understanding with and among all the following: Jefferson County, local Tribes, and the State Department of Archaeology and Historical Preservation, said agreement to be in place that includes a cultural resources management plan to assure archaeological investigations and systematic monitoring of the subject property prior to issuing permits and during construction to maintain site integrity, provide procedures regarding future ground disturbing activity, assure traditional tribal access to cultural properties and activities, and to provide for community education opportunities. Staff concurred. 20. A wildlife management plan focused on non-lethal strategies shall be developed in consultation with the State Department of Fish and Wildlife and local Tribes to prevent diminishing tribal wildlife resources sited in the Brinnon Subarea Plan (deer, elk, waterfowl, osprey, eagles, bear, and cougar) to reduce the potential for vehicle collisions on Highway 101, reduce the conflicts resultingfrom wildlife foraging on high value landscaping and attraction to fresh water sources, reduce the danger of predators attracted to the area by prey or habitat, and to reduce the danger to humans. Al Scalf stated that the area is a fish and wildlife critical area. There are eagles, osprey and great blue heron and there is an elk herd in the vicinity. Commissioner Sullivan stated that a comment letter from State Parks said that twelve elk have been killed on Highway 101 in 3 years. People who live on Black Point have said they have seen deer, but not elk. However, elk and water fowl could be attracted to the fresh water source in the kettles. Ducks and geese come through and are hunted in that area and this attracts predators. It creates a different environment and this wasn't covered in the FEIS in as much detail as he would like. He thinks a wildlife plan would compensate for that. Staff noted that this is a bit beyond environmental review and the County's regulations. Commissioner Sullivan stated that he thinks it is in the public interest. Staff agreed. 21. A list of required amenities shall be in the development agreement along with conditions for public access. Al Scalf reported that this would be similar to the matrix developed for the Port Ludlow MPR for bringing in amenities concurrent with residential construction. Commissioner Sullivan stressed that he wants it very clear from the beginning what the applicant is required to do and what is optional, and at what phase. 22. MOAs will be encouraged between the developer and the Pleasant Tides Yacht Club and with the Slip Owner's Association regarding marina use, costs, dock access, loading and unloading, and parking. Staff concurred. 23. The developer will be required to enter into MOAs to provide needed support for the Brinnon school, fire district, and emergency medical services (EMS). Commissioner Sullivan stated that he would like to see the MOAs done as early in the process as possible, even at the phase when the development agreement and zoning code are done. Staff agreed. Chairman Johnson suggested a related condition: Statesman and County shall negotiate with public involvement binding memorandum of agreement to address public service and facility needs to include, but not be limited to, police, fire, public health, transit, affordable housing, school and parks and recreation prior to approval of development agreement. Page 14 Commissioners Meeting Minutes: Week of January 14, 2008 24. The applicant is encouraged to purchase supplies from vendors located within Jefferson County and to hire for employment during construction and subsequent operations of the MPR Jefferson County citizens. Commissioner Sullivan recognizes that the County can't require this, but would like to encourage it. Staff agreed. Chairman Johnson suggested a related condition: Statesman shall advertise and give written notice at libraries and post offices in East Jefferson County and recruit locally to fill opportunities for contracting and employment, and will prefer local applicants provided they are qualified, available and competitive in terms of pricing. Chairman Johnson then reviewed the remainder of his list of conditions. 1. Statesman shall use the International Dark Sky Association (IDA) Zone E-l standards for the MPR. These standards are recommended for "areas with intrinsically dark landscapes" such as National Parks, areas of outstanding natural beauty or residential areas where inhabitants have expressed a desire that all light trespass be limited. 2. Statesman shall use the LEED (Leadership in Energy and Environmental Design) green building rating system. 3. Statesman is encouraged to calculate the total number of greenhouse gas emissions resulting from the development and collaborate with the County/City Climate Action Committee and mitigate through offset or sequestration. Al Scalf stated that the Planning Commission's majority report recommended seven conditions and their minority report recommended three conditions. He asked the Board if they want to include those conditions also? Staff agreed to incorporate those conditions with the conditions contributed by the Board and eliminate any redundancy. The Board concurred. Step 13 Direct staffto prepare an ordinance. Al Scalf asked the Board for direction to prepare an ordinance for adoption to be put on the Consent Agenda after legal review by the Civil Deputy Prosecuting Attorney. This ordinance would include the Boards' findings of fact and Growth Management indicators. The record also includes the application, all comment letters to date, both oral and written testimony, the proceedings of the Planning Commission, the draft and final EIS process, these proceedings, and the extension ofthirty days in the public interest to move the decision outside of the emergency season of December 3. The public process is fully engaged to ensure the standard ofthe GMA to have "frequent and often" public participation. Commissioner Sullivan moved to direct staff to prepare an ordinance for the Consent Agenda that includes all of the information previously stated. Commissioner Austin seconded the motion which carried by a unanimous vote. Page 15 Commissioners Meeting Minutes: Week of January 14, 2008 Step 14 Motion to approve the Statesman Proposal as outlined on page 1-4 of the FEIS as recommended by the Planning Commission. Al Scalf stated that the application consists of 256 acres. Commissioner Austin moved to approve MLA06-87, the Statesman proposal, as revised with conditions discussed this evening, and to amend the Jefferson County Comprehensive Plan on pages 3-23 and 3-45. Commissioner Sullivan seconded the motion. Commissioner Sullivan and Chairman Johnson noted their concerns about approving the amendment. The Chair called for a vote on the motion which carried by a unanimous vote. NOTICE OF ADJOURNMENT: Commissioner Sullivan moved to adjourn the meeting at 6:53 p.m. Commissioner Austin seconded the motion which carried by a unanimous vote. JEFFERSON COUNTY BOARD OF COMMISSIONERS ,::::Pv(}/ Phil JOhnSO~ r Ir(al:/kJ, OfrIC Julie Matthes, CMC Deputy Clerk of the Board 'L,/4/d/L~' David W. Sullivan, Member J~~ Page 16