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District No.1 Commissioner: Phil Johnson
District No.2 Commissioner: David W. Sullivan
District No.3 Commissioner: John Austin
Interim County Administrator: Dennis Richards
Clerk of the Board: Lorna Delaney
MINUTES
Week of June 16, 2008
Commissioner David Sullivan called the meeting to order in the presence of Commissioner
John Austin. Chairman Johnson had an excused absence.
PUBLIC COMMENT PERIOD: The following comments were made by citizens: a
property owner commented about poor drainage near Chimacum Creek that is flooding farmland that could
be leased to grow crops; the Board was encouraged to include the proposed Comprehensive Plan
amendment on the 2008 docket that would correct inconsistencies between the Development Code and the
Comprehensive Plan; the County has put onerous requirements on the engineering review ofthe Brinnon
Master Planned Resort project; the County needs to rethink the closing of Second Beach Park on Indian
Island and Lower Oak Bay Park because the boat ramp allows the best access to the saltwater for local
citizens; the economy is only going to get worse and when the State starts cutting back on grant funding
several County departments will have to cut programs; there is a Ferry Advisory Board meeting this week at
Fort Worden; several people commented on the need for a car ferry between Port Townsend and Edmonds
when the Hood Canal Bridge closes for replacement in May and June, 2009; and the County needs a better
economic structure to help people in need.
APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Austin
moved to delete Item #2 and approve the balance of the Consent Agenda as presented. Commissioner
Sullivan seconded the motion which carried.
I. ORDINANCE NO. 06-0616-08 re: Rescinding Chapter 18.18 of the Jefferson County Code (JCC),
Applies Rural Designations and Standards to the Irondale/Port Hadlock UGA Planning Area,
Prohibits Mini-storage in Rural Commercial Areas Within the UGA Planning Area (With Some
Exceptions) and Requires a No Protest Agreement That Mandates Future Connection to an
Established Wastewater Treatment System. This Action Confirms a Policy That Has Been in Effect
since June I, 2005
2. DELETE: RESOLUTlOJ\ Establishing Goals and Ohjectives for the 2009 County Budget
(Approved Later in Minutes)
3. RESOLUTION NO. 43-08 re: Establishing the Prosecuting Attorney's Salary to Comply with the
Provisions of SSB6297
Page 1
Commissioners Meeting Minutes: Week of June 16,2008
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4. AGREEMENT re: Positron CAD Annual Maintenance; Jeff Com; Qwest Communications
Corporation
5. AGREEMENT NO. HDC.178, Amendment No. I re: Aids Omnibus Services; Jefferson County
Public Health; Clark County Public Health
6. AGREEMENT NO. 0863-42911 re: Early Family Support Services (Formerly Alternative
Response Services); Jefferson County Public Health; Washington State Department of Social and
Health Services
7, Advisory Board Resignation; Mental Health Sales Tax Oversight Committee; Mark Huth
8, Advisory Board Appointment; Mental Health Sales Tax Oversight Committee; Sheila Westerman
9. Advisory Board Appointment; Jefferson County Tourism Coordinating Council (TCC); Larry
McKeehan, Quilcene/Brinnon Representative
10. Letter of Support for Clallam/J efferson Juvenile and Family Court Improvement Plan; Jefferson
County Superior Court
II. Payment of Jefferson County Vouchers/Warrants Dated June 9, 2008 Totaling $484,271.43
12. Payment of Jefferson County Payroll Warrants Dated June 5, 2008 Totaling $778,320.53 and A/P
Warrants Done by Payroll Dated June 6, 2008 Totaling $736,645.57 and Dated June 12,2008
Totaling $114,087.51
RESOLUTION re: Establishing Goals and Objectives for the 2009 County Budget: (Item
#2 on the Consent Agenda) Commissioner Sullivan noted that the objective regarding the establishment of
the Clean Water District was completed last year. Commissioner Sullivan moved to delete objective #6 on
page 4 of the resolution and approve RESOLUTION NO. 42-08 as revised, Commissioner Austin
seconded the motion which carried.
.
COMMISSIONERS BRIEFING SESSION: The following items were discussed:
Commissioner Austin stated that he visited the Coyle Community Center and was impressed by the
community preparedness program that they have in place.
There was a large turnout for the Master Gardener's State Convention at Fort Worden over the
weekend.
Commissioner Austin reported that he will attend a State Board of Health meeting on Friday
regarding the School Environmental Rules Act.
Commissioner Sullivan noted that they will be able to lobby for issues, including ferries, when they
attend the Washington State Association of Counties (WSAC) Conference this week.
Interim County Administrator Dennis Richards stated that he will contact David Mosley, a
Governor's Assistant, about the County's position on the ferry mitigation for the Hood Canal
Bridge repair project.
.
.
.
.
Page 2
Commissioners Meeting Minutes: Week of June 16,2008
Presentation re: 2008 Conservation Futures Funding Recommendation: Vice Chair of
the Conservation Futures Citizen Oversight Committee Jerry Gorsline read a memo regarding the
committee's Conservation Futures 2008 funding recommendations. The fund was initiated in 2003 and 9
projects have been awarded funding to date. All but 2 projects have been completed. These projects
provide open space and protect wetlands, riparian, estuarine, and salmon habitat, preserve working
farmlands and forests, and have created a visual buffer at the entrance to the City of Port Townsend. He
explained the evolution of the program and the application process. The committee has discussed
additional changes that would increase awareness and facilitate access to the program.
Two applications were submitted and reviewed this year.
. Finnriver Farm: The applicant and sponsor is the Jefferson Land Trust. The proposal is to
purchase a perpetual conservation easement on 33 acres in Center Valley for $203,500 and provide
$4,000 in operation and maintenance costs. Grant funding from the State Farmland Protection
Program and the Federal Farm and Ranchland Protection Program and/or community fundraising
would pay the match.
. Tarboo Creek Conservation: The applicant and sponsor is Northwest Watershed Institute. The
proposal is to provide $64,078 toward the fee-simple purchase of 24 acres in the Tarboo Valley and
$250 for operation and maintenance. Grant funding from the US Fish & Wildlife Service National
Coastal Wetlands Conservation Program would pay the match.
Jerry Gorsline explained that there is $215,000 available in the Conservation Futures Fund for projects this
year. After presentations from the applicants and review and ranking, the committee agreed to the
following funding awards.
. Finnriver Farm: $203,500 for acquisition and $4,000 for operation and maintenance.
. Tarboo Creek Conservation: $7,500 for acquisition only.
HEARING re: 2008 Conservation Futures Funding Projects: Commissioner Sullivan
opened the hearing to take public testimony on the 2008 Conservation Futures funding recommendation.
Joe D'Amico, Jefferson County, stated that he thinks this is a great program and there are a lot of people
here who want to preserve the character of the County. It is important to realize that there are property
o\liners who are doing this without help from grants and it is important that they aren't paying taxes for
highest and best use on their farmland and timberland. Property owners not involved in a program like
this should also have an incentive. He asked ifthese properties are taken off the tax rolls?
Barbara Pastore, Conservation Futures Citizen Oversight Committee member, answered that in the case of
the FinnriverFarm project, a conservation easement will be purchased so the farmer can continue to farm
and pay taxes at a reduced rate because the property can't be developed into a non-farming use. The
Committee wants to get the word out to other land owners in the County so that they can take advantage of
the program.
Page 3
Commissioners Meeting Minutes: Week of June 16,2008
Norm McLeod, Sand Road, stated that he agrees with the recommendation for the projects that have been
selected, particularly tbe agricultural project. As gasoline prices rise, there should be an emphasis on the
preservation of local farmland and bringing back farmland that is no longer in production. There are many
local families who just get by tbat need to keep their kids fed with quality food.
Heidi Eisenhour, Executive Director ofthe Jefferson Land Trust, thanked the Board and staff for their
support ofthis program. She stated that the Finnriver Farm project is an important piece ofthe County's
national heritage.
Hearing no further comments for or against the recommendations for funding, Commissioner Sullivan
closed the public hearing.
Tami Pokorny, Water Quality Specialist, stated tbat staff recommends tbat Board make a motion to accept
the committee's recommendation to fully fund the Finnriver Farm and to allocate the remaining funding
available for 2008 to the Tarboo Creek Conservation Project and to make a finding that setting aside these
properties for protection would not impair the County's capacity for foreseeable growth.
Commissioner Austin moved to direct staff to prepare a resolution for the Board's signature that endorses
the recommendation oftbe Conservation Futures Citizen Oversight Committee and staff. Commissioner
Sullivan seconded the motion which carried.
HEARING re: Interim Ordinance No. 05-0505-08 Enacting a Moratorium Against the
Issuance of Permits or Approvals Pertaining to Adult Businesses: Commissioner Sullivan opened the
public hearing. Ryan Hunter, Assistant Planner, reported that on May 5, 2008, tbe Board passed an
emergency ordinance enacting a 6 month moratorium against the issuance of permits or approvals
pertaining to adult businesses in the County. The Growth Management Act requires the Board to hold a
public hearing on the interim ordinance within 60 days which is July 4. He added that after the public
hearing, no action is required by the Board. Director of Community Development Al Scalf noted that
Planning Commission subcommittee is currently working on this issue and they expect to have a draft of
tbe final ordinance available within 6 months.
Commissioner Sullivan opened the public testimony portion of the hearing. Hearing no comments for or
against the ordinance, Commissioner Sullivan closed the public hearing.
HEARING re: Development Standards for Signs; JCC 18.30.150: Commissioner
Sullivan opened the public hearing. Assistant Planner Karen Barrows stated that on May 27 staff met with
tbe Board to present the Planning Commission's and staff recommendations regarding revisions to the
development standards for signs. Due to tbe difference of opinion in tbe recommendations, staff requested
that the Board schedule a public hearing.
Page 4
Commissioners Meeting Minutes: Week of June 16,2008
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Karen Barrows reviewed the recent history regarding the sign code.
. In October, 2006 Clallam County Superior Court enjoined Jefferson County from enforcing
subsection 2(t) of the sign code, "political messages not to exceed 8 square feet"
. On April 23, 2008, DCD staff submitted a report recommending that subsection 2(g) be created
relating to political messages and that any size limitation be deleted.
. On May 7, 2008, the Planning Commission held a public hearing. They deliberated and
recommended the following: amending the language to subsection 2(t) to read "Non-commercial
signs on private property measuring less than or equal to 32 square feet," and 2(g) to read "Event-
based signs in a public right of way measuring less than or equal to 6 square feet, provided that
such signs must be removed no more than 7 days following the event." The Planning Commission
also recommended deleting subsection 2(i) "real estate signs." This recommendation was
approved by a 6-3 vote. The Planning Commission minority report is included in the packet.
Staff has four concerns regarding the Planning Commission's recommendation.
I) If real estate signs are exempt, the amended code will not have any applicable criteria for review.
2) There are still potential legal issues, because according to the Clallam County Court case, the signs
need to be "content neutral." There is a question about whether the language "event based signs"
meets that definition.
3) The Planning Commission recommendation mentions signs in the right of way, and this conflicts
with the Public Works requirement that signs can't be in the right of way.
4) The standards for administration are unclear regarding non-commercial signs exceeding 32 square
feet.
Commissioner Sullivan opened the public testimony portion of the hearing.
Tom Thiersch, Jefferson County, stated that the staff report indicated that one concern is that deleting real
estate signs from the code would not allow them to follow-up or make rulings on them. However Section
3 of the code regarding design standards states, "All signs must meet the following standards." He thinks
real estate signs would still be subject to the rules. They should not be exempt.
Nancv Stelow, Cape George Road, submitted and read her testimony. (See permanent record.)
Joe D' Amico, Jefferson County, asked about the rules for the amount of time that a citizen can give
testimony at a hearing. Commissioner Sullivan replied that it is determined by the Chair and he did not set
a time limit for testimony at this hearing. Mr. D' Amico added that he is against any new regulation.
Hearing no further comments for or against the revisions to the Jefferson County Code regarding sign
standards, Commissioner Sullivan closed the public hearing.
Page 5
Commissioners Meeting Minutes: Week of June 16,2008
Commissioner Sullivan asked if the information that Nancy Stelow presented regarding real estate signs
was discussed at the Planning Commission's hearing? Staff replied that it was not He agreed that the
definition of "content neutral" is unclear.
Commissioner Austin suggested that County may want to use the definition of "political sign" in the
Tacoma Municipal Code attachments. Commissioner Sullivan noted that most candidates take their signs
down within 24 hours. Commissioner Austin added that the State Public Disclosure Committee (PDC)
also has sign regulations.
Commissioner Austin noted that Section 2 lists exemptions but Section 3 states that all signs must meet
the following standards. He asked staff to clarify this language.
Both Commissioners agreed that they are not ready to make a decision on the current draft because they
think it needs more work. Al Scalf reviewed several of the Board's concerns and offered alternatives.
He asked the Board if they want to give specific direction or if they want staff to rework the language from
the Board's comments? Commissioner Sullivan stated that it could be remanded back to staff and if there
are any significant changes it could go back to the Planning Commission. He then mentioned the DCD
staffs workload and other priority projects, and added that he doesn't feel that this is a critical issue right
now and it could be put in the "projects for the future" file. Commissioner Austin suggested just
clarifying the code language for clarification. Commissioner Sullivan stated that a Citizen's Committee or
Planning Commission subcommittee could be established to look at the sign issue. Commissioner Austin
agreed.
PROCLAMATION re: Proclaiming the Week of June 23,2008 as Amateur Radio Week:
Commissioner Sullivan read the proclamation designating the week of June 23 as Amateur Radio Week.
Commissioner Austin moved to approve the proclamation as presented. Commissioner Sullivan seconded
the motion which carried.
John Ebner was in attendance to speak for the amateur radio operators. Their field day exercise this year
will take place on June 27-29 at Old Fort Townsend State Park. There will be an additional public
awareness station at Pope Marine Park in Port Townsend although it is not officially part of the exercise.
The Executive Session that was scheduled from II :35 a.m. to noon was cancelled at the
request ofthe Civil Deputy Prosecuting Attorney.
COUNTY ADMINISTRATOR BRIEFING: Director of Public Health Jean Baldwin and a
Mental Health and a Chemical Dependency Sales Tax Oversight Committee member presented a
workshop on the 1/10 of 1 % tax.
Page 6
Commissioners Meeting Minutes: Week of June 16,2008
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NOTICE OF ADJOURNMENT: Commissioner Austin moved to adjourn the meeting at
3:16 p.m. Commissioner Sullivan seconded the motion which carried.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
(Excused Absence)
Phil Johnson, Chair
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Julie Matthes, CMC
Deputy Clerk of the Board
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Jo,' Austin, Member
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Page 7
Comments from Nancy Stelow,
5754 Cape George Road, Port Townsend
HEARING RECORD RECEIVED
JUN 1 6 2008
Public Meeting
Sign UDC 18.30.150
JEFFERSON cor jl\rrv
I am representing myself as a Realtor, I am not here representing the Jeffers~~)~,~\;l};l~y r. ....... '\.. ,
Association of Realtors. My background; 13 years as a full-time Realtor in Washington
State, past President of Jefferson County Realtor Association, I am currently and have
been for the past 7 years a Director for State of Washington Realtor Association.
Recipient of Awards including Past Realtor of the Year, Past Leadership Awards from
Jefferson County Association of Realtors and I am the incoming 2010 Treasurer for the
Washington State Association of Realtors.
Purpose: Input into more regulation relative to 'Real Estate Signs' in Jefferson County.
I would like to provide you with a bit of background to reflect the other organizations that
manage the Real Estate business, but the county sign regulations are a critical piece of the
puzzle.
Background:
Individuals go to a real estate school then take a test to become a Licensed Real Estate
agent in Washington State and are regulated by the Department of Licensing under RCW
18.85. Many state rules apply to how agents conduct business. In this past 2008 State
Legislative session, 18.85 was approved for a rewrite that was driven by a State Task
Force the Realtors spearheaded. We asked for and got more stringent rules and oversight.
The Licensing law had not been touch for over 50 years.
Then, many choose to go to the next level and become a REAL TOR, that means they join
the Local Association of Realtors, Washington Association of Realtors and National
Association of Realtors. This is voluntary, but when one joins, a mandatory Code of
Ethics is adhered to for behaviors with buyers, sellers and other agents and Realtors. One
must be a Realtor to join a franchise firms such as ReMm(, Windermere, Coldwell Banker
or John L Scott. If one does not join a large firm, the industry refers to them as
'boutique agencies' or you have limited service agencies. We have 135 agents on the
East side of Jefferson County with 15 physical offices.
Listing and selling agents are not just from Jefferson County. They come from all over,
especially Kitsap County, King County, Clallam County and many other parts of the
state.
The local offices belong to the Northwest Multiple Listing Service that is database of
listings that feed most of the websites. . Of the 50,000 licensed agents in the state of
Washington, approximately 20,000 are members of the NWMLS database system.
NWMLS has massive rules for the process of advertising, buying and selling Real Estate.
They also have some sign regulations within the MLS. The NWMLS sign rules are
limited to things like: you cannot put a sign up until it is in the NWMLS database. And,
only the listing agent can place a 'sold' sign up and within 2 days of closing.
Then they say.... . now refer to your local jurisdictions. That is where Jefferson County
regulations come in.
My issues:
If! read this correctly, Real Estate signs are exempt from UDC. 18.30.15 Section 2 Item
H. I do not think they should be. Second, if Real Estate Signs are not exempt from what
I am about to explain, that's not clear.
1. Looking for a rule that states "For Sale or Lease "sign must be on the property
for sale.
2. Only a directional sign can be 'off-site'.
2 Examples. Tala Shores and Bywater. (Ton of examples in town) Handout
Issue: People who do 'for sale by owner' or developers/builders do not know or go find
out what rules are.
I have 2 examples (handout) Both on Kala Point Drive. One is an old developer sign
and one is a new For Sale by Owner sign on the side of the road.
3. Rule that 'for sale' signs need to be taken out within 15 days of sale.
Abandonment needs ramping up and penalties.
4. If a large 'permitted' sign is on a property where multiple lots are for sale, as lots
are sold, the rules need to say put a 'sold' sign on that lot on the large sign within 15 days
of that lot sale. And, once the development is sold, the big sign must come down in 15 to
30 days.
Developers, builders and For Sale by Owners seem to be not aware of the sign rules.
That needs to change.
Issue: Sandwich signs or "A" Boards.
Realtors know an 'open house' sign goes out when it starts and when it ends. It is against
the MLS rules to have an "open house" with no-one present. That is a monetary fine.
Many builder/developer sandwich board signs are out 24/7 or specifically when no one is
there. This is misleading to the consumer. They expect to be directed to information and
the ability to examine the product.
Complaints and Penalties
I do not expect this to be an unfunded process. I do believe Real Estate sign management
should have penalties because
It misleads the consumer/general public when
. not on the property,
. not noted as sold
. 'open house' really isn't
.
. The property is no longer for sale and has not been for a year.
I believe penalties are in order. The NWMLS starts at $25.00 for an introduction to the
rule with 'hello' letter and small fine. Then it goes up to $500, and in many cases $2,500
to $10,000.
The Realtor industry is a good industry but as we know it only takes a few inappropriate
or misleading issues to take the whole process down. I am recommending the County
regulations assist in clear real estate communication to protect the public. Karen and
Stacie have been responsive to me with this issue and I would be very willing to assist
further if requested. Thank you.
,.
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