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District No.1 Commissioner: Phil Johnson
District No.2 Commissioner: David W. Sullivan
District No.3 Commissioner: John Austin
County Administrator: Philip Morley
Clerk of the Board: Lorna Delaney
MINUTES
Week of February 17,2009
The meeting was called to order at the appointed time by Chairman David Sullivan in the
presence of Commissioner Phil Johnson and Commissioner John Austin.
PUBLIC COMMENT PERIOD: The following comments were made by citizens in
attendance at the meeting: A citizen stated that he feels there are a number of unresolved issues in the
proposed in-stream flow rules which will stop development in rural areas and, if passed, it will take a
minimum of one year to change any problems that are found; another citizen stated that he feels the
Commissioners are not getting the whole truth on the proposed Shoreline Master Program (SMP) revision;
another citizen commented that he thinks a local public official will benefit from the revised SMP; a citizen
asked that the County Administrator find out how many more employees will be needed to handle the extra
permitting required by the revised SMP which she feels will hurt the citizens of the County and shoreline
property owners; a citizen stated that he feels the update of the SMP was basically done by the State
Department of Ecology and is not the County's plan and he doesn't think that the required buffers will
produce a benefit; a citizen asked what the County's Long Range Planning Division has done to address the
boom and bust cycle that the economy is experiencing and in his opinion, there is no reason at all for the
SMP update; another citizen reported that the Governor has announced that she wants to eliminate a number
of Advisory Boards and Commissions and the County Commissioners appoint volunteers to serve on some
ofthose advisory boards such as the Ferry Advisory Committee; and a citizen discussed legal non-
conforming use and how grandfathered uses are not favored in this County.
APPROVAL AND ADOPTION OF THE CONSENT AGENDA: At the request of the
Chair, Commissioner Austin moved to delete Items #11 and #12 and to approve the balance of the items on
the Consent Agenda as submitted. Commissioner Johnson seconded the motion which carried by a
unanimous vote.
I. RESOLUTION NO. 13-09 re: Re-establishing Jefferson County Cash Drawer, Petty Cash Account
and Revolving Fund Amounts in Various County Departments
2. AGREEMENT NO. 14F-4130-0116, Appendix 'A' re: Funding Support for Extension Agent, 4-H
Agent, Water Quality Educator and Marine Resources Committee; Jefferson County WSU Extension
Office; Washington State University Extension, Office of Grant & Research Development
3. AGREEMENT, Interdepartmental re: Meeting Space to Support Ongoing Community Education
and Provide a Link to WSU Research and Programs; Jefferson County WSU Extension Office;
Jefferson County
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Commissioners Meeting Minutes: Week of February 17,2009
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4. AGREEMENT rc: Reimbursement to WSU Extension for Serviccs and Support Provided by
.Jefferson County Staff; WSU Extension Office; Washington State Community Trade and Economic
Development
5. AGREEMENT reo Legal Representation in Mental Health Cases for 2009; Stephen Greer, Esq.
6. AGREEME","T reo Centcr and Chimacum Roads Overlay Projcct "lo. CR1827; Jefferson County
Public Works; Washington State Department of Transportation
7. AGREEMENT reo Asbestos Removal at 420 Appaloosa Drive, Brinnon; Jefferson County Public
Health; KCB, Inc.
8. MEMORANDUM OF UNIlERST ANDING reo Project SEARCH; Jefferson County Public
Health; Jefferson Hcalthcare, Chimacum School District, Port Townsend School District and
Skookum Corporation
9. QUIT CLAIM DEED reo Boundary Line Adjustment to Provide Permanent Access to County
Landfill Site and Residential Buffer Area; Jefferson County Public Works; David and Tiffany
Drewry
10. Bid Award reo 2009 Supply of Aggregate Products; Jefferson County Public Works; Fred Hill
Materials
II. DELETE: Letter Concerning Border Patrol; Representative Norm Dicks; Senator Maria Cantwell: and Senator Patty
Murray (See Item later in the minutes.)
12. DELETE: Letter Concerning SB 5836 and HB 1970; Marine Transport Facilities for Gravel and Construction
Materials in Puget Sound; Washington State Senators Mary Margaret Haugen and Dan Swecker; \Vashington State
Representatives Kirk Pearson, Bruce Chandler, Brian Blake, and Brendan Williams (See Item later in the
minutes.)
13. Pa)'ment of Jefferson County Vouchers/Warrants Datcd February 2,2009 Totaling $307.32; Dated
February 9, 2009 Totaling $658,983.28
14. Payment of Jefferson County Pa)Toll Warrants Dated February 5, 2009 Totaling S749,782.02 and
A/P Warrants Done by Pa)ToJJ Dated February 5, 2009 Totaling $641,212.03
Letter Concerning SB 5836 and HB 1970; Marine Transport Facilities for Gravel and
Construction Materials in Puget Sound: (See Item # 12 on the Conscnt Agenda) Chairman Sullivan asked
that the following changes bc made to this letter to the sponsors of the Senate and House versions of the bill
(Washington State Senators:'vlary Margaret Haugen and Dan Swecker; Washington State Representatives
Kirk Pearson, Bruce Chandler, Brian Blake, and Brendan Williams): under thc heading "More Government"
in the letter for the House bill add a paragraph that says, "According to the dcscription in Section II of
HB 1970, this bill pertains only to Jefferson County. We object to having our citizens disenfranchised in
such a manner." The additional wording for this scction in the Senate Bill is "According to the description in
Section I of SB5836, this bill pertains only to Jefferson County. We object to having our citizens
disentranchised in such a manncr."
Commissioner Austin moved to approve the letters concerning HB 1970 and SB 5836 as revised.
Commissioner Johnson seconded the motion which carried by a unanimous vote.
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Commissioners Meeting Minutes: Week of February 17,2009
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Letter Concerning Border Patrol; Representative Norm Dicks; Senator Maria Cantwell;
and Senator Patty Murray: (See Item #11 on the Consent Agenda) Chairman Sullivan reported that a letter
was received from Congressman Dicks before the Board had a chance to take action on these letters and he
asked that the following changes be made in the letter to Congressman Dicks:
. Change first line from "Jefferson County would like to thank Congressman Norm Dicks. . . "
to "We would like to thank you for your letter. . ."
. The thought in the last sentence ofthe first paragraph is repeated in the last paragraph ofthe
letter. He asked that the last sentence in the first paragraph be deleted.
. The second sentence in the last paragraph should read, "We appreciate the question that you
have raised. . ."
Commission Austin moved to sign the letters to the County's Congressional delegation as amended.
Commissioner Johnson seconded the motion which carried by a unanimous vote.
COMMISSIONERS BRIEFING SESSION: Each Commissioner reported on the following
subjects.
Commissioner Austin:
. He asked Commander Loose to send a letter to State Ferries about how important it is for the Navy
to have reliable ferry service from Port Townsend to Whidbey Island. Admiral Symonds, who is in
charge of the Naval District, has forwarded a copy of a letter he sent to the State on this matter.
He visited the West End last week and it was interesting to see how Forks has changed due to the
success ofthe movie "Twilight."
The Hoh Road is a constant problem to the County because of damage from the river every year.
However, Downs Creek Road is holding right now.
Commissioner Sullivan:
. He met with a number of ferry system stakeholders in Olympia last week regarding the State Ferry
Plan.
He went to Washington, DC last week and met with Congressional staff for Senator Cantwell, and
Senator Murray, and Congressman Dicks. He also had meetings with Senator Cantwell and
Congressman Dicks. He feels they understand the issues facing Jefferson County. It was interesting
to be there while they were working on the Economic Stimulus Package and to see how the funding
will be rolled out to the states.
Commissioner Johnson:
. He does not agree with the Governor's proposal to eliminate advisory committees which are a true
grass roots form of receiving input on issues.
The Olympic Region Clean Air Agency (ORCAA) has a plan to provide a stipend to residents who
change out their wood stoves for a clean wood stove or a propane stove.
County Administrator Philip Morley:
. Jeff Com Director Donna Hamlin has asked the Board to write a letter of support for HB2029 and
SB0466 to advance technology in public safety answering points. He submitted a draft letter of
support for the Board to consider. (See item later in minutes.)
The Planning Commission has requested that the Board grant them additional time for their review
of the draft SMP. They are meeting weekly and plan to schedule a second public hearing.
.
.
.
.
.
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Commissioners Meeting Minutes: Week of February 17,2009
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HEARING re: Proposed Ordinance to Increase Department of Community Development
Fee Schedule: Director of Community Development Al Scalf explained that building fees are based on the
valuation ofthe house and are reflected in the code. Land use fees are hourly. When they were working on
this proposed ordinance, they did an analysis of land use fees over the past several years.
The current downturn in the economy has been a set back for DCD which has gone from 25 full time
employees to 15 full time employees. The Department receives funding from grants, the General Fund, and
fees They are requesting that the Board approve the proposed fee schedule ordinance effective March I,
2009.
The County Administrator explained that the Long Range Planning Division is supported in most part by the
General Fund. Previous Commissioners established a principle regarding the Permit Division that growth
should pay for growth and that development activity and permit review activity should be self-sustaining,
based on the fees that are received. This principle is still in place.
Chairman Sullivan asked about changes that were made last summer in the turnaround time on permits. Al
. Scalf answered that, at that time, they focused on getting the 140 pending applications down to zero. As a
result oflayoffs, the number of pending applications has increased to 20-30 cases in the queue. They realize
that timeliness is important to the community and to economic recovery. Their goal is a 30 day permit
review time on a complete application submitted at the counter.
Chairman Sullivan opened the public testimony portion of the hearing.
Barbara Blowers, Beckett Point Road, stated that she submits a lot of permits for clients. She thinks the
reason that there is such a slow turnaround time on permits is because Planners review most permits. This
doesn't happen in other counties and she doesn't think it is necessary. She has turned in conditional use
permits for building stairs to the beach that have taken 8 months for a Planner to review and then she still
has to submit a building permit which also has to be reviewed by a Planner. She thinks that the fee increases
are retaliation for the six employees who were laid off. The Uniform Development Code needs to be revised
so that there is actual processing in the County. It should take 2-4 weeks for a house building permit to be
processed and it takes months. It takes 8 months to three years to do a Site Plan Advanced Determination
(SPAD.) Her client paid $40,000 for a SPAD that took three years to complete. She doesn't think there
should be any fee increase. The fee for a SPAD is increasing from $562 to $784. Ifthe draft SMP is passed,
the County's costs are going to skyrocket. There will be multiple layers of permits and lawsuits.
Jim Tracv, Land Use Counsel for Fred Hill Materials, stated that DCD has a real problem. The staff has
been decimated because the demand for services is down. If a business wants to increase the demand for
services they make the price more attractive. The Director of DCD is basing his actions on the
Commissioner's philosophy which is that fees will pay for the Building Division and the Development
Review Division, and 50% of departmental administration. The Board needs to take the lead and work with
DCD to find a way that the County can create incentives for people so they will want to apply for permits.
Maybe Economic Stimulus funding could be directed to subsidize permits to make them more attractive to
achieve the growth that the community wants. Higher fees in a down market will just make things worse. In
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Commissioners Meeting Minutes: Week of February 17,2009
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addition, the proposed numbers can't be turned into a budget projection because there is no way to predict
the activity. The trend1ine on the activity continues to go down. The fundamental concept ofi~ecting
incentive into the fee schedule needs to be examined.
Tom Thiersch, Jefferson County, stated that he has not submitted a permit application to DCD in the past
several years. The only permit he has needed was for the installation of a propane tame He thinks when he
put his propane tank in the fee was under $100. When the fee schedule was changed a few years ago, the fee
went to $165. The proposed fee is $213. He does not agree that it takes more than three hours to actually
inspect a propane tank installation. He wonders if the rest of the fee structure is similar. The rate of $71 an
hour is disproportionate. The process is seriously flawed and it needs to be fixed at a very fundamental
level.
Hearing no further comments for or against the proposed DCD fee schedule, Chairman Sullivan closed the
public hearing.
The County Administrator explained that it is a balancing act when it comes to what services should be fee
supported and what should be General Fund supported. It is true that the County can't estimate the number
of permits that will be received this year. When the 2009 budget was developed, it was anticipated that the
fees would have to be increased to cover actual costs to sustain permitting activity. Tbe County may need to
look at other options if there is a revenue shortfall.
Al Scalf added that Jim Tracy's comment about the framework established by the County Commissioners
several years ago is correct. Once the model was established, it became a mathematical exercise to
implement. Customer service is very important and a lot of time is spent helping customers. The economic
aspect has to do with psychology and the confidence of the community. He thinks an incentive program is a
good idea.
Commissioner Austin asked when the last fee increase took place? Rose Ann Carroll, DCD Office
Coordinator, replied that it was approved in December, 2006 and went into affect in January, 2007. There
was a discussion about the process that is required when a permit is submitted, fees, and travel time. Staff
answered several questions on specific fee increases. The Board asked that their decision on the ordinance
be scheduled next week to give them more time for review with staff.
Workshop re: Urban Growth Area (UGA) Compliance Activity Including Development
Regulations: Joel Peterson, Associate Planner, reviewed information on a grant-funded economic analysis
for the UGA Sewer System that was done last year. Projections were done regarding the growth in that area
when the service is in place. The sewer system is the final infrastructure component in the UGA. In
addition, analysis was done that showed a deficiency in commercial development throughout the County.
He also submitted a map that shows the septic systems in the area and the number of years they have been in
place.
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Commissioners Meeting Minutes: Week of February 17, 2009
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He reviewed the history of the designation of the UGA and the subsequent appeals to the Western
Washington Growth Management Hearings Board (WWGMHB.) The Planning Commission will have a
public hearing this week on the proposed amendments to the Comprehensive Plan and the development
regulations in order to achieve compliance. They will send a recommendation to the Board. The Board will
also have a public hearing which will include the adoption of a General Sewer Plan. At the conclusion of
this process, the County will send a report to the WWGMHB. The compliance hearing before the Hearings
Board is March 30.
Joel Peterson then reviewed portions of the amendment package including the population projections and
properties in the area that can be developed or that are underdeveloped. In the development regulations,
they scaled back some of the density numbers and added suggested design standards. There was a brief
discussion about the old plats in the Irondale area where the lots are very narrow but could be built out when
the sewer goes in.
The main focus of the Planning Commission UGA Committee that reviewed JCC 18.18 was compliance
issues, although they discussed a list of additions to look at in the future including green development or low
impact development, looking at streetscapes, and different styles of development. They only made a few
changes to this section. He then reviewed the changes in the use table and the table showing minimum
street setbacks for commercial development. In additional, there were a few changes to lighting standards.
The General Sewer Plan requires the County to make the sewer available to all residents in the UGA by
2024. The phases of sewer construction were discussed. The sewer will be built in the areas of more
density first.
Joel Peterson explained that the transportation planning, the sewer planning and the land use planning are
using the same numbers fitting together and this needs to be carried through the compliance work. The
development regulations will also be reviewed during the Comprehensive Plan update in 2010. He reviewed
the timeline for the UGA compliance process.
There was a discussion about the process for a person making application for a building permit in the
proposed sewer area. Their permit would be vested, but they could not occupy the building until they were
hooked up to the sewer.
Approval of Minutes: Commissioner Austin moved to approve the minutes of the January
12,2009 Joint City of Port Townsend/Jefferson County meeting, and the January 20, and 26,2009 regular
meetings as submitted. Commissioner Johnson seconded the motion which carried by a unanimous vote.
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Commissioners Meeting Minutes: Week of February 17, 2009
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Letter of Support of Fundingfor Advancing Technology in Public Safety Answering
Points; State Legislators: The Board discussed HB2029 which would change the current 911 excise tax to a
911 fee with a graduated funding formula that will increase revenue for supporting the technology that the
public expects 911 centers to have.
Commissioner Johnson moved to sign the letters to Representative Lynn Kessler, Senator Jim Hargrove, and
Representative Kevin Van De Wege supporting this legislation. Commissioner Austin seconded the motion
which carried by a unanimous vote.
Sheriff's Resignation: County Administrator Philip Morley reported that the Sheriff
submitted his letter of resignation to be effective March 27,2009. Lorna Delaney, Clerk of the Board,
explained the process for filling an Elected Official's unexpired term. The State Constitution provides that
"the person appointed to fill the vacancy must be from the same political party as the partisan elective
officer whose office has been vacated and shall be one of three persons who shall be nominated by the
County Central Committee of that party."
Commissioner Austin moved to direct the Clerk of the Board to send a letter to the Democratic Central
Committee Chair requesting that they submit the required list of three names. Commissioner Johnson
seconded the motion which carried by a unanimous vote.
County Administrator Briefing Session ~ Cancelled
NOTICE OF ADJOURNMENT: Commissioner Austin moved to adjourn the meeting at
II :56 a.m. Commissioner Johnson seconded the motion which carried by unanimous vote.
MEETING-ADJOURNED
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JEFFERSON COUNTY
BOARD OF COMMISSIONERS
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David Sullivan, Chair
ATTEST:
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'i;;rn~ L. Delaney, CMC ~
Clerk of the Board
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Phil Johnson, Member
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