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HomeMy WebLinkAboutM070708 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 July 7, 2008 Chairman 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: several people commented that the County needs a contingency plan to address rising prices and the continuing decline of the economy; public outreach workshops should be scheduled on the 2009 budget; a property owner has had problems with neighbors who ignore County landuse regulations; it appears that the new critical areas regulations regarding shorelines are not being applied uniformly throughout the County; and the Board needs to adopt a policy to inform newly appointed advisory board members on the Open Public Meetings Act. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Austin moved to approve the Consent Agenda as presented. Commissioner Sullivan seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 45-08 HEARING NOTICE re: Proposed Supplemental Budget Appropriations/Extensions for Various County Funds; Hearing Scheduled on Monday, July 21, 2008 at 10:00 a.m. in the Commissioners Chambers 2. RESOLUTION NO. 46-08 re: Authorizing an Emergency For the Purchase and Installation of a Video Arraignment System 3. AGREEMENT NO. G0800563 re: Grant Funding for the Port Hadlock Urban Growth Area (UGA) Sewer Design Development Project; Reclaimed Water Grants Program; Jefferson County Public Works; Washington State Department of Ecology 4. AGREEMENT NO. G0800006, Amendment No.1 re: Coastal Zone Management Grant (CZM310) Funding for Northwest Straits Project, Jefferson County Marine Resources Committee Administration and Action Projects; Amending Tasks; Jefferson County WSU Extension Office; Washington State Department of Ecology 5. AGREEMENT NO. N16958 , Attachment No.1 re: Certifications and Assurances to Existing School Based Health Centers (SBHC) Agreement; Jefferson County Public Health; Washington State Department of Health 6. AGREEMENT NO. 0763-19558-01, Amendment No.1 re: WorkFirst Program; Jefferson County Public Health; Washington State Department of Social and Health Services 7. AGREEMENT re: Physician Group Provider Services; Jefferson County Public Health; Aetna Health, Inc. Page 1 Commissioners Meeting Minutes: Week of July 7,2008 8. Request to Convene for the Purpose of Hearing Property Tax Appeals for the Year 2008; Jefferson County Board of Equalization 9. Advisory Board Reappointment; Jefferson County Civil Service Commission; Six (6) Year Term Expiring November 1,2013; Robert Gebo 10. Advisory Board Reappointment; Jefferson County Parks and Recreation Advisory Board; Two (2) Year Term Expiring June 14,2010; Judith Lucia 11. Letter Acknowledging 1 OOth Year Birthday Celebration; Doris Lambert Thacker 12. Payment ofJefferson County Vouchers/Warrants Dated June 23,2008 Totaling $200,237.15; and June 24,2008 Totaling $300.00; and July 2,2008 Totaling $1,300.00 13. Payment of Jefferson County Payroll Warrants Dated June 19,2008 Totaling $94,351.06 and July 2,2008 Totaling $729,992.99 and AlP Warrants Done by Payroll Dated June 19,2008 Totaling $17,725.40 COMMISSIONERS BRIEFING SESSION: The following items were discussed: · Commissioner Sullivan stated that he was approached by a constituent about the County's participation in the Tribal Canoe Landing in Port Townsend on Monday, July 21 in the afternoon. · Commissioner Sullivan noted that Jefferson County Clerk Ruth Gordon was named Clerk of the Year by the State Clerk's Association. · The Board attended the opening of the Maritime Center. The State Legislators were also in attendance. · Commissioner Sullivan suggested that the State Legislators be invited to a Law and Justice Council meeting. · Commissioner Sullivan stated that while the work is being done on the Chimacum Creek No Shooting Area, he would like to see the boundary expanded to include more of the Tri Area. (See later in minutes.) Commissioner Austin added that the County Commissioners may also want to expand the boundary .on the Port Ludlow No Shooting Area. · Commissioner Austin stated that the Puget Sound Partnership is being asked for financial support to preserve the natural features in Tarboo Bay. The Fire District is concerned that if the State Board Lands in that area are removed from the tax rolls, the amount of revenue they receive from taxes would be reduced. · The Puget Sound Partnership is going to assign staff to provide support for the Dosewallips State Park Large Onsite Septic System (LOSS) project which is moving forward. · The Board attended the opening of the Quilcene Historical Museum last week. · Chairman Johnson stated that the Paradise Bay community is also interested in a large onsite sewer system. · Commissioner Austin reported that the Coyle community is working with Jefferson Transit to have a community van and driver that can take residents grocery shopping. APPROVAL OF MINUTES: Commissioner Sullivan moved to approve the minutes of the June 16, 2008. Commissioner Austin seconded the motion. Chairman Johnson called for a vote on the motion. Commissioner Sullivan and Commissioner Austin voted for the motion and Chairman Johnson abstained from the vote due to an excused absence from that meeting. The motion carried. Commissioner Sullivan moved to approve the minutes of June 23, 2008 as presented. Commissioner Austin seconded the motion which carried by a unanimous vote. Page 2 Commissioners Meeting Minutes: Week of July 7, 2008 REQUEST FOR PUBLIC COMMENT re: Extension of Hours for Special Shooting Events; Jefferson County Sportsmen's Club: There were approximately 20 citizens present when the Chairman requested comments on the Jefferson County Sportsmen's Club proposal to extend their operating hours for 4 to 6 special events per year. John Ebner, Secretary of the Jefferson County Sportsmen's Association (JCSA), stated that their request in the letter to the Board dated April 2, 2008 proposes the establishment of a procedure to allow the alteration of scheduled shooting hours for special shooting events. They would notify the County Commissioners thirty days prior to the event and place a notice to the public in The Leader at least two weeks prior to the event. The JCSA wants to be clear that the procedure is intended for occasional use if needed to satisfy the requirement of a particular event. They are requesting that the Board agree to the procedure to alter the shooting hours on an occasional basis if needed. JCSA representatives attended the County Commissioners' meeting on May 19 and answered the Board's questions. At that meeting Commissioner Sullivan asked how many times the JCSA expects this to occur over the year? The reply was 4 to 6 times. Shotgun activities occur a few times a year and there are other activities that may require additional time depending on the expected number of shooters who participate in the event or the amount of setup time required for those particular events. He clarified that this is not extending the operating hours on a permanent basis, but would only be done occasionally on an as needed basis depending on the expected turnout. They use the proposed procedure currently for law enforcement departments that require a night shoot. Tom Thiersch, stated that he wants to speak in opposition to any extension of the hours of the Gun Club. He lives less than a mile away from the Gun Club and depending on which way the wind is blowing, he hears the noise more or less loudly pretty much all the time. He has no argument that the Gun Club is operating legally and in accordance with licensing procedures and the letter of agreement between the Gun Club and the County as to hours of operation. The proposal to extend the hours to begin at 8 a.m. on a Saturday morning and fire off as many rounds of ammunition as discussed is simply unacceptable. When it was discussed with the County Commissioners, the Gun Club representatives said they expected to have 40 shooters participating in a meet. He did the arithmetic and it looks like about 12,000 shot gun blasts would be going off over a period of a few hours which is one shot gun blast every two seconds. It is simply unacceptable to have that level of annoyance going on, particularly on weekends. People want to relax at home and enjoy their property. He doesn't think it does any good to publish a notice in the newspaper because it still disturbs his peace and quiet. When the JCSA mentioned the number of time per year on May 19, they said 1 or 2 and now it is 4 to 6. If the Board approves the procedure, the Gun Club could extend the hours as many times as they want without a limit. He thinks it is just getting out of control. He is opposed to extending the hours because a 10:00 a.m. starting time is perfectly fine. Edel Barr, stated that her property is located about Y:z mile from the Gun Club. They built their home and have lived there since 1994. For 14 years they have heard the noise from the Gun Club and have accepted it. The shots are fired at a decent time when everyone is usually up and about. To allow an increased shooting time as early as 8 a.m. is definitely not acceptable and they are strictly against it. Not only would peaceful mornings on the weekends have them jump out of bed, but it would also affect their property values. Who would be interested in buying a house knowing that at 8 a.m. 12,000 rounds would be exploding in the neighborhood? Also what would the increased noise do to the health of the cats and dogs at the nearby Animal Shelter? Please think what it will do to our neighborhood. What is to stop the Gun Club from extending the hours more than 4 to 6 times a year? Page 3 Commissioners Meeting Minutes: Week of July 7, 2008 Ian Pearson, stated that he has lived on Hidden Trails Road for 21 years and he too has suffered from the Gun Club, and now they have neighbors who are firing off rounds of semi-automatic weapons on their 5 acre properties. Edel Barr lives very close to someone who shoots almost every evening and it sounds like warfare coming from the property. He is really concerned about changing the hours on Sunday morning. He has lived with the gun shots for 21 years and doesn't think they should start earlier than 10 a.m. Joe D'Amico, stated that the Sportsmen's Club needs to be commended for coming to the County Commissioners to put this topic out for discussion by the public. The County needs to be careful here because they don't want to get to a point where they start micro-managing businesses. In his opinion the Gun Club is a business just like Four Comers Store and the County wouldn't tell them how and when to pump gas. If the County is going to restrict the shooting times at the Gun Club, what is next? A certain caliber of weapons? Number of rounds? He's heard all these things before because these are the same things that folks have said about the Security Services Northwest shooting range. The WAC specifically says that shooting ranges are exempt from noise ordinances and the Board needs to take this into consideration when they make a decision. They can shoot legally at a shooting range from 0700 to 2200 hours according to the State law. He thinks the JCSA ought to be commended for coming here and trying to talk with everybody to find a resolution and 8 a.m. is reasonable. He thinks that many of the people who object to this proposal bought their properties knowing that the shooting range was there. He just heard someone say that they bought their home in 1994. The shooting range has been there for at least 30-40 years. He has personal experience regarding animals and weapon fire because he trains police dogs, and dogs get used to it. He thinks that the animals at the shelter are used to hearing the weapons fire and it has been conditioned into their lifestyle. When they do training with our dogs, the first time they discharge a firearm the dogs might have a reaction. The rest of our dogs don't because it becomes a part of their lifestyle. He thinks that for the animals around the shooting range, it has probably become a part of their lifestyle. David Whipple, stated that he has been a resident since 1993 at Hidden Trails. When they moved there, they looked into the mitigation that the Sportsmen's Club had agreed to in 1974 and 1984 regarding sizes of banks, noise mitigation, covers, and times of operation. He said the JCSA agreed to these things and they haven't been done. However, he isn't here to argue the history. He's had his children come screaming into his bedroom because the Sheriff's Department runs automatic nighttime weapons firing at the Gun Club sometimes. When his children were little, they made a point of being out of town on those Saturday mornings when there were turkey shoots. He realizes this is a business, much like Four Comers Store, but he thinks the store is located in a commercial zone. The Gun Club is clearly in a residential zone. One of the overriding goals in the WACs and the Comprehensive Plan is to maintain the sound quality in residential neighborhoods. When there is automatic weapons fire and repeated shot gun fire, it can be difficult to carry on a conversation on his property. When the Gun Club stuff is going at it's peak, they can't carry on a conversation. He shoots, and grew up shooting. He wants his kids to take the gun safety classes at the Gun Club. He would be somewhat inclined to do this kind of stuff if the coverings, the mounds, the berms, and the vegetation required in the permits were in place. It is difficult to sit through one of those automatic weapons fires or one of the turkey shoots. There have been days when he had his children use his chainsaw earplugs to protect their hearing. There are a lot of young children developing hearing in the neighborhood and this is not in their best interest as a residential neighborhood. Page 4 Commissioners Meeting Minutes: Week of July 7,2008 Jim Hagan, Cape George, stated that he supports the suspension of the hours. He thinks the proposal has been presented in a very responsible way. It has been thought out and criteria has been developed to control it. He agrees with John Ebner's comments in general. He believes the Gun Club is a non-conforming use. The main point he wants to make is that threats to Jefferson County's rural character are a main topic in civic discussions these days and it is disturbing that now those threats are coming from traditional rural activities. Tom Tucker, stated that he has lived for 21 years on Hidden Trails Road. When the Gun Club was started it was out in the country in a rural neighborhood. In the last 20 years, the population has increased tremendously and the area has become nearly residential. The noise from the Gun Club creates an extremely unlivable situation in a residential neighborhood. It's completely, insanely loud. He has seen a dozen kids get off the school bus and walk up the road to the sound of machine guns and automatic weapons. It's like being in a war zone. It doesn't seem like it's a healthy situation. He believes that the Gun Club hours should not be extended because it is inappropriate for what has become a residential neighborhood. John Minor, Crutcher Road, President of the Gun Club, stated that he lives about the same distance from the Gun Club as the people at Hidden Trails and he can hardly hear the shooting. He doesn't know where the talk about rapid fire and automatic weapons comes from because even the Sheriff's Department uses semi-automatic weapons. No one uses automatic weapons at the Gun Club. Shooting is basically one shot at a time and normally there is a second or two between shots. The shot gun fire is far enough into the woods to cut down on the noise. The Club tries to keep shooting to a reasonable amount and tries to be good neighbors with the people in the area. There isn't a lot of rapid fire going on. Even with shot guns, there can't be more than 3 shots at a time because there are only 3 traps and it depends on when they pull the targets to shoot at. Codv Whipple, stated that he has lived on Hidden Trails for most of his life. He can walk almost anywhere on their property and hear the shot guns going off a lot of times. It's annoying if you are trying to take a nap. Mike Moug, stated that he is the Treasurer of the Gun Club and has been a member since 1975. Years ago people in the County fired and sited their guns in gravel pits. The Sportsmen's Club changed this. We have 500 members in the organization. A lot of these folks used to shoot in the gravel pits, but now they shoot where it is safe. If we get 30 shooters in a trap tournament, they may shoot a full course of 100 rounds. There is no way in one tournament that 12,000 rounds would be fired. Dennis Schultz, stated that he lives on Jacob Miller Road less than a mile from the shooting range. He said he has a large flock of sheep and the noise from the guns doesn't bother them and that includes the pregnant ewes or the Iambs. They are completely oblivious to it. Most domestic type animals could care less about the shooting. Jim Tracv, Land Use Counsel for Fred Hill Material, stated that the people the Gun Club have thoughtfully tried to prepare a proposal and it sounds to him by the testimony here today that it is a non-conforming use. There are other people objecting to the proposal without being told that it is a non-conforming use or what the limitations on the alteration of non-conforming uses are. It seems that as a matter of public responsibility, the Board would start the public comment with a presentation from a Deputy Prosecuting Attorney that puts these kind of issues in perspective so the public on both sides of the issue can understand them and hear from staff about the limitations regarding the alteration or modification of a non-conforming use. Maybe this isn't a non-conforming use, but these are critical facts that the people on both sides of the issue need to have in order to understand and make constructive comments to the Board. He encouraged the Board to do it that way in the future. Page 5 Commissioners Meeting Minutes: Week of July 7,2008 There were no further comments from the public. Chairman Johnson asked Director of Community Development AI Scalfifhe knew if the Gun Club was a non-conforming use? AI Scalf replied that he did not know the facts on the issue, however, the Gun Club is zoned as an essential public facility. He offered to have staff do the research. Commissioner Sullivan stated that he is interested in prior agreements that were mentioned and the mitigation that was expected. This is the first he has heard about any prior agreements outside of the licensing agreement. He would like to know more about those documents. He stated that the hours were established in the minutes of a previous Board and aren't part of the license. Central Services Director Allen Sartin explained that even if the property is owned by the County, whenever there is activity or development done on the property, a permit is required. AI Scalf noted that the last permit for the Sportsmen's Club was approved in 2004 when the clubhouse was demolished and a new one was built. There were mitigations. The Board agreed to have DCD staff do a review and staff report. Commissioner Austin stated that he is glad that they took public comment on this issue. Deliberations and Possible Adoption of Proposed Ordinance Approving Comprehensive Plan Amendment MLA08-00008 Regarding IrondalelPort Hadlock Urban Growth Area (UGA) Compliance with the Final Decision and Order of the Western Washington Growth Management Hearings Board (WWGMHB) Dated February 8, 2008: Assistant Planner Joel Peterson stated that this is a step in the process to achieve compliance with the decision and order of the WWGMHB dated February 8, 2008. Three minor issues are addressed in the ordinance. It has been through the Planning Commission process and DCD agrees with the Planning Commission's recommendation. If the ordinance is approved by the Board, it will be forwarded to outside counsel and then to the WWGMHB for a hearing. Chapter 2 of the Comprehensive Plan has been revised. Commissioner Austin stated that he thought the Board had directed staff to change the term "environmentally sensitive areas" to "critical areas" in all documentation. Joel Peterson replied that he did not know that this was the policy and it wasn't considered in the compliance effort. Joel Peterson stated that most direct path to getting compliance is to change the things that needed to be changed. Within the next few years, there will be a periodic review of the Comprehensive Plan and this type of editing will be part of that review. Commissioner Sullivan asked if making these compliance changes opens up the entire content of the ordinance for review? AI Scalf answered that if the Board approves the ordinance, the approval will be published in the newspaper and a 60 day comment period begins. AI Scalf reviewed the process and schedule regarding the revisions after the Board approves the ordinance. Commissioner Austin moved to adopt ORDINANCE NO. 07-0707-08, approving Comprehensive Plan Amendment MLA08-00008 regarding IrondalelPort Hadlock Urban Growth Area compliance with the final decision and order of the Western Washington Growth Management Hearings Board dated February 8, 2008. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Page 6 Commissioners Meeting Minutes: Week of July 7, 2008 Deliberations and Decision re: Establishing the Final Docket for the 2008 Comprehensive Plan Amendment Cycle: Joel Peterson reported that the Board had a public hearing on the final docket on June 9 and discussed the 3 suggested amendments. Most of the conversation concerned the time line for the work on the Industrial Land Bank (ILB) amendment. After considering public comment and comments from the Board, staff wrote a supplemental report about the ILB. They agreed that it would be beneficial to carry forward the ILB to the 2009 docket when they will have a complete application. Staff still plans to continue their work on the ILB project this year even though their recommendation is not to docket it. He mentioned several of the site specific amendments that need to be incorporated into this year's workload. Another suggested amendment is the "side by side" review of the discrepancies between the Comprehensive Plan and the Unified Development Code and this will addressed in the 2011 Comprehensive Plan update process. He reviewed the process that will take place once the final docket is set. Commissioner Austin moved to not docket the suggested amendments in 2008. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Al Scalf noted that the site specific amendments automatically go on the docket and no action is required by the Board. Deliberations and Possible Adoption re: Proposed Amendment to the Port Ludlow Development Agreement: Associate Planner David Wayne Johnson reported that DCD received an application for an amendment to the Development Agreement between Port Ludlow Associates and Jefferson County in March, 2008. A public hearing was held on May 27,2008. An analysis has been made by legal counsel. The Board is required to approve any amendment to the Development Agreement. Commissioner Austin noted that there are no other references to an Appellate Hearing Examiner in the other County processes. It only adds to the length of process and creates a burden for the developer. Commissioner Sullivan noted that the Hearing Examiner process is still in place and people can appeal that decision to Superior Court. Commissioner Austin moved to approve the amendment to the Port Ludlow Development Agreement and remove the appellate hearing examiner. Commissioner Sullivan seconded the motion which carried by a unanimous vote. COUNTY ADMINISTRATOR BRIEFING: The following items were discussed: · The team building retreat in preparation for budgeting on July 29. · Salary adjustments for non-union personnel in 2009. · Letter from the Peninsula Development Association. (PDA) · Letter to the Forest Service regarding the Dosewallips River Road repair. · Motion to Direct Staff to Study an Expanded Chimacum Creek No Shooting Area: (See earlier in the minutes) Commissioner Sullivan stated that the Board has the authority to create or expand the boundary ofa no shooting area per Ordinance No. 02-0416-07. He moved to direct staff to do a study ofa no shooting area that would be created adjacent to the proposed Chimacum Creek No Shooting Area and would include the entire IrondalelPort Hadlock Urban Growth Area, South Old Flagler Road, the Chimacum crossroads, the Chimacum Post Office, Chimacum School, the Tri Area Community Center, and HJ Carroll Park and that both no shooting areas be considered jointly. Commissioner Austin seconded the motion which carried by a unanimous vote. Page 7 Commissioners Meeting Minutes: Week of July 7, 2008 NOTICE OF ADJOURNMENT: Commissioner Austin moved to adjourn the meeting at 3:00 p.m. Commissioner Sullivan seconded the motion which carried by a unanimous vote. JEFFERSON COUNTY BOARD OF COMMISSIONERS . ..~ 1!' ATTESt;.; · ",. ;0. -\ '} ~ :) 'i,\"o /-~/ (,..f0tJ^--.-........ PhilJ1j/J;~ David W. Sullivan, Member r 1~ ('11t( Julie Matthes, CMC Deputy Clerk of the Board [tb Austin, Member Page 8