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HomeMy WebLinkAboutM042709 District No.1 Commissioner: Phil Johnson District No.2 Commissioner: David W. Snllivan District No.3 Commissioner: John Austin County Administrator: Philip Morley Clerk of the Board: Lorna Delaney MINUTES Week of April 27, 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 said that, in his opinion, many ideas for budget savings have been shared with the Board, such as making records available electronically and delaying the replacement of computers, yet those ideas have been ignored; a person commended the Board, Planning Commission and Department of Community Development staff for including chaunel migration zones as geological hazards in the update to the Critical Areas Ordinance; a person stated that an article in The Port Townsend Leader last week reported that progress is being made regarding our local economy thanks to the efforts of WSU Team Jefferson which is working on economic development and focusing on investment in local entrepreneurs and small businesses through the Investment Opportunity Network; the Board was thanked for their efforts in lobbying for the legislation on the "Opt-Out" Program for State Parks; and a citizen suggested that a "reverse moratorium" be enacted to change the use table in the UDC to allow more uses,in order to promote business and stimulate the local economy. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Austin moved to approve the Consent Agenda as submitted. Commissioner Johnson seconded the motion which carried by a unanimous vote. 1. ORDINANCE NO. 05-0427-09 re: Enacting a Moratorium Against the Issuance of Permits or Approvals Pertaining to Adult Businesses 2. AGREEMENT re: REACH Program; County Administrator; Olympic Community Action Programs (OlyCAP) 3. AGREEMENT re: Target Zero Task Force Project to Fund Traffic Safety Manager Position; Jefferson County Sheriff; Washington Traffic Safety Commission 4. AGREEMENT reo Larry Scott Trail Resurfacing Project No. CRI069; Jefferson County Public Works; Leavitt Trucking, Inc. 5. Final Short Plat Approval; Isaac Short Plat #MLA08-00237/#SUB08-00019; To Divide 10.24 Acres into 2 Residential Lots; Located off of Bee Mill Road, Brinnon; Michael Sam and Sandra Boling, Applicant 6. County Engineer of the Year Nomination, Monte Reinders; Jefferson County Public Works; Washington State Association of County Engineers (WSACE) 7. Letter of Support for Small Farm Program Grant Funding; WSU Extension 8. Advisory Board Resignation; Jefferson County Conservation Futures Advisory Board; George Bush Page I Commissioners Meeting Minutes: Week of April 27, 2009 ,~'O"'"\ -t;' . ~<'" 'HI~"- 9. Advisory Board Reappointment; Jefferson County Library District Board of Trustees; Four (4) Year Term Expires May 3, 2014; Hal Beattie 10. Payment of Jefferson County Vouchers/Warrants Dated April 20, 2009 Totaling $558,682.80 Payment of Jefferson County Payroll Warrants Dated April 17, 2009 Totaling $94,755.68 and AlP Warrants Done by Payroll Dated April 16, 2009 Totaling $94,695.29 and April 21, 2009 Totaling $16,320.71 COMMISSIONERS BRIEFING SESSION: The Commissioners reported on the following subjects. . A memorial service was held for Fire Chief Bob Wilson on Friday, April 24, 2009 in Quilcene with more than 1,000 people in attendance. Commissioner Austin noted that Ed Wilkerson deserves thanks for his great assistance with the planning and preparations for the memorial service. . The State Senate voted in favor of the State Parks legislation. Commissioner Austin suggested a letter be drafted to local resident Nora Porter and State Representative Lynn Kessler thanking them for their work on this issue. . The State has vaccine supplies for the Swine Flu virus if needed. No cases in Washington State have been reported at this point. . A memorial service will be held for Public Works County employee Vicki Breithaupt at 2:00 p.m. on Thursday, April 30, 2009 at her home in Discovery Bay. . The Prosecutor, Sheriff, District Court Judge, and Jail Nurse Practitioner will hold a discussion on mental health, courts andjail services at the Port Townsend Community Center on Wednesday, April 29,2009. . The County continues to track instream flow rules that affect the Chimacum basin with the State Department of Ecology. . Projects for the Quimper Wildlife Corridor are progressing and E-91l funding from the State is being tracked. HEARING re: 2009 First Quarter Supplemental Budget Appropriations-Extensions for Various County Funds and 2009 Budget Reductions: County Administrator Philip Morley explained that the Board has four resolutions regarding the budget before them today including a resolution for first quarter 2009 budget extensions and three resolutions relating to 2009 budget reductions. The three resolutions relating to the 2009 budget reductions include: 1) mid-year budget reductions for various County departments; 2) voluntary reduction of Elected Officials' salaries to the General Fund; and 3) establishing new hours of operation for the general public at the Jefferson County Courthouse effective May 1, 2009 and a notice of publication. The first quarter budget extensions for the General Fund include requests from Safety and Security; Community Services; and Operating Transfers Out for JeffCOM. Budget extensions for Special Revenue/Capital/Enterprise/ Internal Services Funds include Drug Investigation; Federal Forest Title III; and the Conservation Futures Tax Fund. Page 2 Commissioners Meeting Minutes: Week of April 27, 2009 He eXplained that the three resolutions reducing budgets, salary and Courthouse hours are being proposed to mitigate the fact that revenues are approximately $1 million below budget due to the current economic recession. He has been working with the Elected Officials and Department Heads to track revenues and provide budget estimates and projections based on the first quarter of 2009. While there is some PIL T (Payment in Lieu of Taxes) revenue, extra income from a Federal government pass-through grant, and miscellaneous revenue from various departments, it is not enough to offset shortfalls in other areas. Private harvest tax is estimated to be $240,000 lower than initially projected for 2009 and the State Department of Natural Resources has said that the timber harvest tax for Jefferson County will be $175,000 less than previously estimated. Due to the changing financial markets and public fund investment changes made by the State Treasurer, investment income is estimated to be $345,000 below 2009 projections. Income from sales tax revenue was better in March than January, however, it is projected that there will be a $100,000 shortfall in sales tax revenue over the course of the year. Funding generated from Real Estate Excise Tax (REET) is coming in $85,000 lower than projected. This funding is used to pay back bonds which the County previously issued. Without sufficient REET funding to cover those required bond payments, the bonds must be paid out of the General Fund. Other revenue streams projecting shortfalls make up approximately $135,000. The County is facing a revenue shortfall of slightly over $1 million on a revenue base of approximately $15 million. He is working with Elected Officials and Department Heads to find solutions to keep the budget balanced. Action must be taken quickly. It is important to protect valued and skilled employees who provide critical services to the public. He has been working with the unions (UFCW Local 21 and Teamsters Local 589) on ways to implement necessary budget reductions. It is also important that the County retain public services because citizens are more vulnerable in these tough economic times. These proposed budget reductions are the first of several stages that will be taken through the end of 2009. He is currently proposing $452,069 in cuts, in order to control some variable costs and reduce the likelihood of deeper cuts later. Additional budget cuts in the amount of $404,750 will be made in subsequent quarters which will include reductions in the Sheriffs Office and some one time transfers or use of fund reserves. Approximately $856,000 in reductions have been identified. This still leaves approximately $200,000 of reductions that need to be made. That amount will be made up by either new revenues or further expenditure reductions. Two-thirds of the budget balancing is by cost saving measures that do not affect staff. The remaining one-third is made up from staff savings by cutting employee hours or salaries. Every effort was made to minimize the affect on staff and the reductions are the minority of these necessary budget amendments. From May I through the end of the year, hours and salaries will be cut by 6.25%. Those reductions are difficult and account for approximately $181,000. Not filling vacant positions saves another $101,000. Page 3 Commissioners Meeting Minutes: Week of April 27, 2009 Also being proposed is a resolution authorizing the voluntary reduction of Elected Officials' salaries for the offices of Assessor, Auditor, Clerk, County Commissioners, Sheriff and Treasurer. He noted that each of the County Commissioners have already volunteered to reduce their salaries by 6.25%. Because the State statute governs the salaries of the Prosecuting Attorney, Superior Court Judge and District Court Judge, those three Elected Officials are unable to redirect their salaries in the same manner as the other Elected Officials. In line with the staff hour and salary reductions, the hours the Courthouse is open to the public will also be reduced. Proposed new hours would be 8:30 a.m. to 4:30 p.m. Other County facilities and offices are not affected by the hour change. It is the desire to return both staff and Courthouse public hours to regular status once economic conditions allow. Chairman Sullivan opened the public testimony portion of the hearing. Joe D'Amico, stated that he has been attending the Commissioner's meetings for the past four years. The County has spent a lot of time trying to shut dOV\ll his business at a time when maritime and homeland security would bring jobs to Jefferson County. The money the County has spent on lawyers and staff time could have been redirected toward saving money and jobs. These times are also tough for his business. A six percent reduction in pay is more like a 15%-20% cut with the loss of cost of living adjustments and inflation. He encouraged the Board to look at ways to reduce the burden on people who are trying to operate businesses in the County. He suggested that the County start mitigating issues and redirect the money spent on litigation to County employees and departments. He recently had to compete against the Sheriff s Office for a security job. It is time for the County to set some priorities and make some changes. Jim Hagen, Cape George, stated that he has been an employee, a manager, and an owner of small businesses all his life. The scenario about downsizing that the County Administrator described is a constant fact for small businesses, but it only applies to government when crisis proportions are reached. One thing that can be learned by the necessity of these actions is that government needs to adopt the same sort of efficiency expectations that small businesses are held to. Since 2000, the County has devoted countless time and resources to the Critical Areas Ordinance and the Shoreline Master Program even though there has never been a definable problem. The County continues to take a "precautionary principal" approach. Now there is a demonstrated problem with County revenue and finances. There is a demonstrated shortfall in the State budget to assist people who need it most and for education and transportation. When the Commissioners go to Olympia, they need to lobby for legislation that would recognize that some small rural areas should not be held to strict standards without a significant demonstration of harm. Tom Theirsch, stated that he is glad to see that this crisis is being addressed. However, he is concerned that what is being done is not enough. There is $200,000 that hasn't been planned for in the budget and more cuts are expected. This also needs to be addressed. He appreciates the Commissioners taking the steps to reduce their salaries because it sets a good example for everyone. Regarding efficiencies, he thinks there are County departments where staff could be more efficient. For example, Port Townsend School District has 800 computers and one person in their IT Department. Page 4 Commissioners Meeting Minutes: Week of April 27, 2009 Herb Beck, Quilcene, stated that the proposed hours of operation from 8:30 a.m. to 4:30 p.m. will create problems for working people. He thinks the hours should be 9 a.m. to 5 p.m. Jim Singleton, Port Townsend, said that the proposed cutback on staff hours makes it difficult for Juvenile Services staffto meet with kids and parents, and have the counselors go to schools. It affects the working poor because they don't get paid for time off. When the State Legislature was faced with rising incarceration numbers, they ordered that Juvenile Services conduct an Anger Replacement Training (ART) program. This program has done a lot to reduce recidivism. He wants to know more about the Commissioner's recent actions regarding their State retirement. Why isn't Public Health included in the wage and salary cuts? During Union negotiations, Health employees wanted to bargain separately because they wanted more money. What about the clerk hires? The County Administrator has said that there may be more cuts. Doesn't it make more sense to R1F employees at 40 hours so they can collect full unemployment benefits? Employees who have made County employment their careers will take a hit on their State pensions. As leaders, why doesn't the Board and County Administrator take a higher salary cut than 6.25% like CEOs in some big businesses? Why not give up your reserved parking for the customers and employees? In the union contract, section 5.2 says clear,fair standards, regulations, and policies uniformly apply to all employees covered under this agreement including those stipulated by this agreement. Why is nothing being done in Public Health? Philip Morley clarified that Public Health, as with most departments receiving a transfer from the General Fund, is receiving a proportionate reduction. Public Health is taking a $57,000 reduction in this quarter and, in addition, $100,000 in subsequent quarters. Norm McLeod, stated that a lot of small things add up to big numbers. The windows are open and the heat is on in this room. Look at ways to reduce operating costs. A lot of the computer issues can be handled by component replacement rather than purchasing new computers. There is no guarantee that PIL T will be fully funded again or that Secure Rural Schools funding will be approved again and this means larger shortfalls in the future. Look at the physical plant, keeping vehicles longer, and don't just replace computers according to a schedule. John Richmond, West End, stated that stricter land use regulations has an affect on all phases of the County economy. He said that there should be a financial analysis done before regulations are put into place. Fred Beck, Quilcene, stated that as a former County employee he was Shop Steward involved in several union contract negotiations. He suggested that the County Administrator negotiate the union contracts and that the agreement with the personnel consultant be cancelled. Hearing no further comments for or against the 2009 first quarter supplemental budget appropriations and extensions for various County funds and 2009 budget reductions, the Chair closed the public hearing. Page 5 Commissioners Meeting Minutes: Week of April 27, 2009 Financial Consultant Anne Sears pointed out that the 6.25% cut is annualized and so it is only about 4.1 %. Commissioner Johnson stated that he is concerned about the proposed hours and would prefer to see 9 a.m. to 5 p.m. to allow more flexibility for the public. Anne Sears answered that a problem with the 9 a.m. start time is that Superior Court starts earlier and they need to have the doors open at 8:30 a.m. Philip Morley noted that they are working with the Juvenile Services Director, Courthouse Security and facilities to address the needs of the department. He thinks uniform hours in all the Courthouse Departments would be best for the public. Commissioner Austin moved to approve RESOLUTION NO. 24-09 ordering the first quarter budget appropriations and extensions for various County funds. Commissioner Johnson seconded the motion which carried by a unanimous vote. Commissioner Johnson moved to approve RESOLUTION NO. 25-09 regarding a voluntary reduction of Elected Officials' salaries to the General Fund. Commissioner Austin seconded the motion which carried by a unanimous vote. Commissioner Austin moved to approve RESOLUTION NO. 26-09 and a Notice of Publication establishing new hours of operation for the general public at the Jefferson County Courthouse effective May 1,2009. Commissioner Johnson seconded the motion which carried by a unanimous vote. Commissioner Austin stated that the budget reductions as proposed seem to be the most fair to everyone. He moved to approve RESOLUTION NO. 27-09 regarding mid-year budget reductions for various County departments. Commissioner Johnson seconded the motion which carried by a unanimous vote. Philip Morley explained that he will continue to watch the affect of the economy on revenues and adjustments may need to be made. When he presented the 2009 Budget to the Board last fall it was noted that there are structural issues in the way local government services are funded. Currently there is a gap in the growth rate between inflation and costs. He mentioned the State law that has put a I % cap on property taxes. Over the next several years the County needs to slowly draw down on excess fund balance and continue to reduce expenditures. The goal today was to take quick action to start reductions in May. For the 2010 Budget, the County will have to take a priorities of government approach and look at reducing some services. HEARING re: Revisions to the Critical Areas Ordinance Based on the Final Decision and Order of the Western Washington Growth Management Hearings Board: Associate Planner Donna Frostholm reported that this hearing was scheduled to take comments on proposed changes to the Critical Areas Ordinance that specifically address the final decision and order from the Western Washington Growth Management Hearings Board. These revisions pertain to channel migration zones. The deadline for legislative approval is May 18. Page 6 Commissioners Meeting Minutes: Week of April 27, 2009 She reviewed a map showing the channel migration zones. The area 200 feet from the shoreline is regulated by the Shoreline Management Act (SMA). Areas in the channel migration zones (CMZs) outside of the SMA are regulated under the Growth Management Act (GMA). She noted that the maps are to be used for guidance only. Director of Community Development Al Scalf added that an individual case assessment would occur on each parcel at the permit level based upon the Code requirements. Chairman Sullivan questioned whether language needs to be included in the Critical Areas Ordinance that differentiates between SMA jurisdiction and GMAjurisdiction? Donna Frostholm replied that there are provisions in the Code that say that the County complies with State laws. She added that sometimes it is best not to put in a lot of detail because regulations can change. AI Scalf noted that the goals and policies of the Comprehensive Plan distinguish between the SMA and GMAjurisdictions. Chairman Sullivan asked that this be included in the fmdings for the ordinance. Chairman Sullivan opened the public testimony portion of the hearing. Jim Hagen, speaking for the Olympic Stewardship Foundation, submitted and reviewed his testimony. (See permanent record.) Dennis Schultz, stated that he has been involved in the Critical Areas Ordinance since the revision that started the whole appeal process over five years ago. He doesn't think the current proposal will pass the Growth Management Hearings Board because the standards have not been met. He suggested that channel migration zone be eliminated from the geological hazardous areas. There are already erosion hazards, landslide hazards, seismic hazards and the FEMA flood plain regulations that cover almost anything that might happen in channel migration zones. Joe D'Amico, Fort Discovery, stated that he doesn't understand why the County always takes issues to the extreme that could be middle-of-the-road. George Yount, Port Townsend, stated that he supports the proposed recommendations of the Planning Commission and the Department of Community Development (DCD). Channel migration is a very serious hazard. He knows this from personal experience. Between 1973 and 1980, he traveled the area between Startup and Sultan in Snohomish County by kayak. He also flew over the area and photographed the CMZ. The islands change quickly and vegetation grows up and then the next big flood comes along and destroys property. He does not like to see Jefferson County held liable for people who develop within a CMZ. He submitted an analysis of the Hearings Board's statements regarding CMZs a few months ago and he is willing to submit it again. Ten other counties have CMZs in their ordinance. John Richmond, West End, submitted and read his testimony. (See permanent record.) Norm McLeod, stated that the Board needs to look at (4)d on page 3 of the proposed line-inlline-out Development Code language. It says that within a high risk CMZ vegetation removal shall not be allowed. There is currently a temporary set aside for agriculture. However, channel migration zones occur in river valley bottoms and that is where some of the best agricultural lands are found. Some of these rivers migrate. The County is basically saying that no farmer shall be allowed to change a crop and if the channel migrates Page 7 Commissioners Meeting Minutes: Week of April 27, 2009 they won't be allowed to open up new fields. That needs to be changed. More agricultural lands will be needed to grow food for County residents. Don't make regulations that have to be undone later to allow people to do basic farming. Dennis Solett, Brinnon, stated that he lives in the Lazy C community. A portion of the Lazy C is located in the river valley and is worth about $16 million on the property tax rolls. The consequences of these acts will affect property values. Please don't do any thing that will make the property worthless. Herb Beck, Quilcene, stated that this is probably the fifth time he has commented on river migration. He has been a member of the Quilcene community for over 60 years and lives between two rivers. He has not seen homes floating down the rivers or out in the bay. His agricultural land is in the flood plain. There is about a mile between the Big Quilcene River and the Little Quilcene River. These rivers are fast moving and a person knows when the flooding will occur. He has maps showing the rivers in the same general area since 1864. The biggest problems that fish have is the net. There are approximately 50 or 60 acres ofland that will be affected. He doesn't think it is a problem and he is against it. Bill Miller, Port Townsend, stated that agricultural activities are listed as a general exemption in JCC 18.22.070. Other exemptions in this section include: forest practices acts under the RCW, maintenance and repair, reconstruction and remodeling, site investigative work, and emergency action. A lot ofthings aren't going to be affected because they are exempted. The Hearings Board pointed out the value of addressing the channel migration zones. Fred Beck, Quilcene, stated that he thinks this ordinance is a tool for non-profit organizations involved in the enterprise of environmentalism for profit. They are looking for ways to get people's property. They want everyone's property and even though they are non-profit, they are paying themselves a lot of money. They say they are going to "save" us. We would rather keep and control our land and pay our property taxes. Hearing no further comments for or against the revisions to the Critical Areas Ordinance, Chairman Sullivan closed the public hearing. The Board concurred that staff prepare a draft ordinance for next weeks agenda. Update re: Swine Flu Outbreak: Public Health Director Jean Baldwin reported that Swine Flu cases are appearing in Mexico, Spain, British Columbia, and several U.S. states. There are no cases in Washington State at this time. It is considered an outbreak because it is spreading from person to person. It is a treatable illness that responds to anti-virals. The Center for Disease Control and the National Health Institute are coordinating to find vaccines and to make sure that the anti-viral treatments are being monitored. Jefferson County Public Health is coordinating with national and state Public Health Officials to increase the local monitoring and tracking which acts as surveillance of the disease on a local level. They plan to coordinate with community-based partners and get messages out on how people can protect themselves. They have been in touch with local labs, doctors, and the Emergency Operations Center since Page 8 Commissioners Meeting Minutes: Week of April 27, 2009 last week and have had two all-state phone calls dealing with transportation of cultures to the State lab and how they will handle it. Public announcements will change daily and information will be posted on the Jefferson County website. Right now screening is being done by physicians. Update re: Blue/Green Algae in Jefferson County Lakes: Water Quality Program Manager Neil Harrington reported that they have started sampling Anderson Lake, Lake Leland, and Gibbs Lake. At the beginning of the season, they sample Crocker Lake, Tarboo Lake, Teal Lake, and Sandy Shore. Crocker, Tarboo and Teal Lakes all have very low levels of algae. Anderson Lake has a major bloom of two types of toxic algae and the lake has been closed. Lake Leland and Gibbs Lake have moderate blooms of two types of algae and red warning signs have been posted. People are warned not to swim, drink the water, or consume fish out of the lakes. They will continue testing the lakes during the season but it will require at least two weeks of clear testing before the warnings to be removed. There was a discussion about the natural process that creates the algae bloom and possible methods for eradicating it. County Administrator Briefing Session: The following items were discussed. . County budget and implementation of adopted budget amendments. . Letter from County Administrator Philip Morley to Pene Speaks with the State Department of Natural Resources regarding clarification of Dabob Natural Area Preserve (NAP) boundaries and the County Critical Areas Ordinance. . Report on discussions with Public Works regarding Parks and Recreation funding, potential future impacts from continued General Fund budget constraints, and public interest in a possible Metropolitan Parks District. IrondalelPort Hadlock Sewer System Project. . Rescheduling of the May 7, 2009 joint City/County meeting due to scheduling conflicts. Letter Regarding Washington State Department of Natural Resources and Pope Resources Land Exchange: Commissioner Austin moved to direct the County Administrator to draft a letter to Pope Resources and the State Department of Natural Resources outlining the conditions acceptable to the County regarding a proposed land exchange between those two agencies. Commissioner Johnson seconded the motion which carried by a unanimous vote. Page 9 Commissioners Meeting Minutes: Week of April 27, 2009 NOTICE OF ADJOURNMENT: Commissioner Johnson moved to adjourn the meeting at 4:15 p.m. until the next regular meeting on May 4, 2009 at 9:00 a.m. in the County Commissioners Chambers. Commissioner Austin seconded the motion which carried by unanimous vote. MEETING ADJOURNED JEFFERSON COUNTY BOARD OF COMMISSIONERS D,k(;/;L " ~ J !"J SEAL: > ~~ '. "i-(.'~ ' ' ,>.," .''''~'::i''' . ", .... Y' ,-~" ' x" · " '. " :~ \~~~~, If: ! "'. I '. ...,14::_ ... r .--J. . ATTEST~ "',' > ~ '5]\' :~t Lr L ,;;!~, LI~~}cU ~ nn Lundgren, ) Deputy Clerk of the Board Phil Jo son, Member '~d~ Austin, Member Page 10 . l(ce\ -.red tC-r H-c5' L{ /d- 71 0 ~ Jefferson County Board of County Commissioners David Sullivan Phil Johnson John Austin H~r,,1 n,~ ~~ ,Pi,y~': <.~ '.., , . ,1,.. Er< ~",. . ~~., ~"" ~ .~"-'''I:~ ~ '-'~t ( .,t ~ ~ t.'.; \'~;,,,:,/ Olympic Stewardship Foundation public comment on MLA09- 00070. Additional comments submitted in blue. Commissioners, It is the position of the Olympic Stewardship Foundation that proposed amendment MLA09-00070 continues to be out of compliance with the Final Decision and Order issued by the Western Washington growth Management Hearings Board on November 19, 2008 for the following reason: The County ignores the Board's finding by continuing to regulate Channel Migration Zones (CMZs) under Chapter 18.22 of the GMA-based Critical Area Ordinance and not under the proper jurisdiction of the Shoreline Management Act. In the FDO, the Board recognized the Supreme Court's determination in Futurewise v. WWGMHB that, "The legis1ature intends that critical areas within the jurisdiction of the SMA shall be governed by the SMA and that critica1 areas outside the jurisdiction of the SMA shall be governed by the GMA. We hold that the legislature meant what it said. Critical Areas within the jurisdiction of the SMA are governed only by the SMA." This couldn't be stated more clearly. This is significant, as it precludes stricter GMA standards from governing shorelines of the state, where the public and private interests are balanced under the authority described in 90.58.020. The prohibition on development in high risk CMZs within the 200' shoreline jurisdiction, let alone the prohibition on removal of vegetation, is improper and out of compliance. SMA standards also allow under 90.58.100(6) the construction of revetments or armoring to protect single family homes from erosion. Any plans the County has to incorpOrate the CAO into the updated SMP are problematic in its own right, but critical area regulations as they pertain to the shoreline still must conform to the SMA. During DCD staff presentation to the BoCC on the compliance order recommendations, it was stated by Donna Frostholm that the Hearings Board did not direct the County to regulate CMZ's under the jurisdiction of the SMA. OSF requests the Commissioners please read the WWGMHB conclusion on this issue found on page17 of the Final Decision and Order. Please also note the Findings of Fact (11 & 14) on pages 45 and 46 and the Conclusions of Law (H) found on page 49. Additionally, the OSF questions the revised definition of CMZs in Chapter 18.10. One of the goals during the CAO review process was to provide a user friendly document that was easy to understand, but the new definition is expansive to the point of being barely comprehensible. What sources were used to justify Avulsion and Erosion Hazard Zones as part of the definition of Channel Migration Zones? These terms are not even mentioned in the protection standards under 18.22.170. We are not sure how the inclusion of an Erosion Setback and a Geotechnical Setback, which are regulatory in nature, fit into the context of a definition. One gets the sense this definition is in fact crossing the line into regulatory language and is inviting the inclusion of moderate CMZs into the code. If the County is only regulating high risk CMZs, why not limit the definition to that designation? OSF continues to maintain the proposed amendment is out of compliance with the GMA by adjusting the regulations without adjusting the science that prohibits uses within the buffer. OSF has already detailed how the BAS the County relies on fails to provide an accurate scientific assessment of what areas constitute low, medium, or high risk CMZs in order to justify restrictions on development in the no risk zone, and fails to show how an assessment of risk directly relates to each designation. A significant change in circumstances not addressed in the Planning Commission recommendation is a review of the 1_ proposed regulations in the context of Sims v. King County, specifically an analysis of nexus and rough proportionality tests applied to conditions in Jefferson County. The introduction of the designation "moderately high" in 18.10 raises question about the consistency with which the regulations are applied and highlights the arbitrary nature of the BAS used in association with differing designations. To our knowledge, this designation was never discussed during the two year CAO review. As defined, some rivers would be designated low, moderate, and high whiles other (the Lower Hoh) would exclusively include a "moderately high" designation. As a comparison, imagine the County determining that a selective micro-region dictates an exclusive category of wetlands, or some areas of the county be characterized by three classes of wetlands and others four? This is not only unsupported by BAS but could invite 14th Amendment Equal Protection complaints. The maps the County relies on to regulate CMZs continue to be much too general to specifically identify the distinctions between low, moderate and high risk CMZs. As described, they are "roughly corresponding to channel migration being likely in a time-frame of less than 50, 50-100, and over 100 years respectively." The maps are on a very large scale and cannot be used to determine where parcels lie. There is no way for homeowners to know in what zone their property lies and how the regulation will impact them. There is also no process for on- the-ground delineation of CMZs in the code, leaving much to the discretion of County planners. In Exhibit C of the proposed amendment, the County's answer to growth management indicator #3 (whether this amendment reflects widely held values) intends to strike a compromise between public safety and the public's right to use their own property, but this is contradicted by the regulation's prohibition on development within the high risk CMZ. The very real consequences of MLA09-00070 could effectively create buffers in excess of a thousand feet that would in fact deny "the right to use their own property" for untold numbers of parcels. Jim Hagen President, Olympic Stewardship Foundation Teren Macleod Bud Schindler Dr. Kenn Brooks Dennis Schultz Roger Short John Richmond Bill Wheeler Diane Johnson f ~-f rec.e.\ \lGd ~-\- t\1 d Lf I;;n Id/ -. P.O. Box 536 Forks~ WA 98331 April 26, 2009 h~CtA i t_1/1 c Board of County Commissioners P.O. Box 1220 Port Townsend, WA 98368 Dear Commissioners: Austin, Johnson and Sullivan; This letter is for the record. In reference to potential inclusion of channel migration zone (CMZ) designation in the critical areas ordinance (CAO) update, in my opinion~ the following issues must be evaluated: 1.) Forest practices recognize that vegetation must be manipulated to ensure healthy stands ofripari~n timber types. 2.) The definitions and permitted actions are adequately covered in the Forest Practices Act. 3.) Forested flood plains exist~ or existed~ where remnants of old-growth tree snags and stumps, in excess of six feet in diameter, certainly more than 100 years old, may still be found. While these may be interspersed with low-elevation teITaces~ it certainly does not indicate presence of an active or historical CMZ within the last 100 years, or any reliable certainty that one will form within the next 100 (or more) years. The designation of channel migration zones in the CAO does not confer any valuable distinction for an indefinite, unpredictable, chronologically uncertain~ physically indistinguishable area, not already managed by existing WAC or RCW regulation. #- . I have been involved in the formation of the WRIA 20 Watershed Plan over the past 4 years, and signatory as a citizen for its approval. For approximately 2-1/2 years, I have been serving as the Technical Reviewer for the City of Forks, on the North Pacific Coast Lead Entity Group (NPCLE). For over 65 years, I have been either resident of, or frequent visitor to the Hoh Valley, all of which has lead to experience and understanding of the hydrologic processes and river dynamics of that area. From 30,000 feet, all glaciers look smooth. When traversing across one, at the level of the ice, you need permission to be there, you would want to use proven techniques, equipment and preparation, reading the findings of previous experiences, doing much observing probing, testing for foot holds, but above all, employing the services of a competent, experienced guide who is familiar with local conditions. The purpose in all this is to get across the glacier, without falling into any existing crevices, or making new ones by standing in unstable locations, thus creating unnecessary, expensive rescue. From 30,000 feet, all political aspirations look smooth. The same rules that apply for glacier traverse, apply to the process of developing ordinance updates. Or, did you just get a committee of advocates from 30,000 feet? Respectfully submitted, J~~ John Richmond i . " \ete,d Oct tt~T I{P'7/o'l To: Jefferson County Board of County Commissioners From: Jill Silver Date: April 26, 2009 H~J:AR' I"'G n:'1JC IY-r ~ p~, KE~510RD Re: 18.22 Critical Areas Ordinance Revision for Hearings Board Compliance I commend the Planning Commission, DCD staff, and the BOCC for revising the DOC Chapter 18.22 Critical Areas Ordinance (CAO) to clarify regulatory requirements pertaining to CMZs, in compliance with Final Decision & Order (FOO) of the Western Washington Growth Management Hearings Board (WWGMHB). The Board's FDO requires changes to code provisions for protecting channel migration zones (CMZs) within the five large Jefferson County ijeffCo) rivers where CMZs have been delineated, including the Big QuiIcene River, Little QuiIcene River, Dosewallips River, Duckabush River, and the lower Hoh River. The WWGMHB's FDO rejected the petition by Olympic Stewardship Foundation and their counsel Pacific Legal Foundation to deny CMZs as geologic hazards in the JeffCo CAO. The only portion of the OSF complaint that the Board agreed with was that there needed to be a clarification between the 50 and 100 year delineation of CMZs that have been studied in east and west Jeff Co as follows (excerpt from the Foo, Case No. 08-2- 0029c of November 19, 2008 on page 2): The key issue for OSF was the designation of Channel Migration Zones (CMZs) as critical areas and the related risk assessment, which was set forth in Issues 4 and 5. The Board finds that OSF failed to demcms1rate Jefferson County's designation of CMZs as a type of Geologically Hazardous Area (GHA) was clearly erroneous. The Board concludes the function and value of a CMZ is the prospective protection against loss of life and property due to the geomorphic and ecological processes of rivers and streams as they migrate throughout their alluvial valleys and this function and value presently exists. As such, the . County's designation of CMZs as a critical area is appropriate under the GMA. The Board recognizes here that CMZs contain geologic hazards and are important to manage in terms of human safety. As such, Jefferson County joins 10 other Washington counties with large migrating rivers that have also included CMZs in their CADs including OaIlam, Oark, King, Kitsap, Lewis, Mason, Pierce, Snohomish, Thurston, and Whatcom. There are many examples in east and west JeffCo of parcels that are not possible to build upon because the river they were next to is now running through them. Something else to appreciate is that there are huge economic costs to Jefferson County and the state related to CMZs. State, county, and private roads in Jefferson County Page 1 of 2 .. ~ CMZs are subject to damage or destruction from erosion on an annual basis. Costs to the public in terms of tax dollars - federal funding from FEMA, Federal Highways Administration, the NRCS, and Olympic National Park for emergency repairs, or property and sales tax funding to the County ~ will continue and increase if we continue to build within CMZs. Below are some estimates and reports of expenditures in Jefferson County for road repairs and reconstruction related to channel migration: · WSDOT has spent an estimated 10 million dollars in the since 2000 protecting Highway 101 at MP 175-176. · Jefferson County has spent approximately 10 million dollars on the Oil City Road, Upper Hoh Road, and the Quinault Road to repair and protect road access to homes, businesses, and the Olympic National Park's rainforest and coastal strip lands. 50% of that has been reimbursed by FEMA. (Pers. comm. Monty Reinders, 2/18/07). · Olympic National Park has spent an estimated 2 million dollars on road repairs to the Upper Hoh Road as a result of channel migration of the Hoh River. · The Hoh Tribe at the mouth of the Hoh River was provided with engineering and construction services by the NRCS to protect the community water system from channel migration at a value of two hundred thousand dollars. The Hoh Tribe is actively working to move out of the active floodplain and channel migration zone. . The Upper Hoh Road at around MP 10 (across from Owl Creek) is under construction every year at considerable cost to the County and taxpayers, for three reasons: 1) it's built on a geologic hazard - a clay footed deep-seated landslide, 2) the landslide was excavated at the toe for gravel mining and to install the utility lines that cross the river to the south, and 3) the toe is now being cut by the river, causing it to continually slide. This last situation is a large scale example of a continuing problem in the Geologic Hazards section VI of the UDC 18.22 - in Protection Standards - where clearing and grading for roads and utilities is allowed. with some minor restrictions such as timing of construction. This doesn't make sense - it either IS a geo-hazard, or it isn't. If it is, construction is dangerous to those below and adjacent to it, and should not be allowed, or should be required to have a rigorous geotechnical review prior to any alteration. We can quantify the costs of repairing roads in rivers, but there are also other costs to fish and wildlife habitat and to water quality resulting from development along rivers. We should do whatever we can to allow the full use of property in CMZs - as long as that use protects the public commons outside of the property - fish, wildlife, and water - and doesn't result in public expense to repair. Thank you for looking out for the interests, health, and well-being of Jefferson County. Page 2 of 2