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HomeMy WebLinkAboutM051109 ~1 co~ 9~~~~ ~'I$ ,,~\~ !~ .... ~ -<I \ I J \~ ~/ '~o/ 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 May 11,2009 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 spoke against the approval of the "Take It Seriously: Sex, Abstinence and Media" program agreement; two people stated their opinions that the County needs to relax current development regulations for expansion of existing businesses; a citizen noted that in the 1700's there was a tsunami that devastated this area, and he thinks there is a good chance that it could happen again; two citizens commented on the "Sunshine Forum" that some citizens are sponsoring on the draft Shoreline Master Program; a person stated that in his opinion the County's "no net loss" provision in dealing with land use regulations doesn't take into account the work that people do to preserve and restore the environment; and a person stated that he thinks the Commissioners have a double standard in public meetings when listening to comments by certain constituents. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Austin moved to delete item #6 and approve the balance of the Consent Agenda as presented. Commissioner Johnson seconded the motion which carried by a unanimous vote. 1. ORDINANCE NO. 06-0511-09 re: Amending the Critical Areas Ordinance as Codified in Chapter 18.22 JCC 2. RESOLUTION NO. 30-09 and EASEMENT and ASSIGNMENT OF RIGHTS re: Glendale Farm Agricultural; Jefferson County Public Health; Kirk Salvatore, Grantor and Jefferson Land Trust, Co-Grantee 3. HEARING NOTICE re: 2009 Conservation Futures Funding Program Applications; Hearing Scheduled for June 8, 2009 at 10:15 a.m. in the Commissioners Chambers, Jefferson County Courthouse 4. AGREEMENT re: Waterline to Cape George Trailhead, Larry Scott Memorial Trail Project No. CRl069; Jefferson County Public Works; Scott Swantner, Nowak Plumbing, Ltd. 5. AGREEMENT re: Upper Hoh Road Emergency Repair Project No. X0178l; Jefferson County Public Works; County Road Administration Board 6. DELETED: AGREEMENT :'<10. 619746 reo Take 11 Seriously: Sex, Abstinence & Media (TIS SAM): Jefferson County Public Health; University of Washington Page 1 Commissioners Meeting Minutes: Week of May 11,2009 7. EASEMENT re: Installation of Utilities along a Portion ofE. Quilcene Road; Jefferson County Public Works; Puget Sound Energy 8. Payment of Jefferson County Payroll Warrants Dated May 5, 2009 Totaling $757,728.49 and AlP Warrants Done by Payroll Dated May 6, 2009 Totaling $632,945.25 Discussion re: AGREEMENT NO. 619746: Take It Seriously: Sex, Abstinence & Media (TISSAM): County Administrator Philip Morley explained that he spoke with Public Health Supervisor Julia Danskin about this program last week and she explained that it has become more balanced and isn't just about abstinence. Commissioner Austin noted that he also talked with staff and was told that there is a lot of focus on health issues and safe contraception also. Commissioner Johnson stated that he wants more information on the program before the Board approves the agreement and will talk with staff to have his questions answered. COMMISSIONERS BRIEFING SESSION: The Commissioners reported on the following subj ects. Commissioner Austin: . He will be attending the State Board of Health meeting in June which conflicts with the Washington State Association of Counties Conference. They will be discussing the draft School Environmental Rules and Class B water systems. . He attended a State Department of Natural Resources (DNR) public hearing on the proposal to expand the natural area boundary around Tarboo Bay. If approved, DNR will be able to purchase property from willing sellers within the boundary. A land trade proposal of two DNR properties to facilitate designation of a natural area around Dabob Bay was also part of the hearing. Commissioner Johnson: . He has concerns about how juvenile truants are transported to the Courthouse in chains. He was told by the Port Townsend Police that this is State law. He plans to do more research on the subject. Letter of Support for Boundary Expansion for the Dabob Bay Natural Area and Trust Land Transfer: Commissioner Austin moved to approve a letter to Jon Kaino, Pacific County Commissioner and WSAC Representative to Board of Natural Resources, in support of the boundary expansion for the Dabob Bay Natural Area and the associated intra-departmental land exchange and trust land transfer. Commissioner Johnson seconded the motion which carried by a unanimous vote. Discussion re: Planning Commission Schedule for the Review of the Preliminary Draft of the Shoreline Master Program (SMP): Al Scalf, Director of Community Development reported that last week the Planning Commission was scheduled to complete their deliberations on the preliminary draft Shoreline Master Program (SMP) update and prepare their own revisions and draft for public review. Page 2 Commissioners Meeting Minutes: Week of May 11, 2009 Peter Downey, Planning Commission Chair, reviewed the history of the SMP update process. He stated that he thinks the model the Planning Commission was given had a fundamental flaw because the regulation review and redraft happened before any high level policy direction was given. As a result, the preliminary draft is very "regulatory heavy" which resulted in over 400 public comments. The Planning Commission started meeting weekly in January to address the public concerns. They created some new policies because they felt it was important to respond to the new WAC requirements written by the State Department of Ecology (DOE) since the original SMP was adopted, and any new science and legal findings. Their goals included creating a document that would be easy to understand, easy to enforce, easy to comply with while providing appropriate protections, and is flexible. It also needed to address problems with existing regulations, keep permit decisions local when possible, and respect private property rights while protecting the environment and being responsive to constituents. When they started the redraft, several issues and problems were obvious. . If 75% of an existing residence was destroyed by fire, etc. and there was the capability of moving it back from the shoreline on the property, a property owner was required to move it. Property owners were very concerned about this regulation and how it might affect their insurance. They also cited the issue of fairness. The Planning Commission thought this regulation created a lot of ill will with little ecological gain. They created a new policy that said a property owner could replace their house in the original footprint provided it is geologically safe in the current location. . The buffer ",-idths are also a very controversial issue. The staff draft proposed a 150 foot buffer width on all shorelines which is consistent with the Critical Areas Ordinance. The buffer width provides protection for water quality and habitat. The water quality functions are generally protected within 50 feet of the shoreline. The habitat buffer can be more or less than 150 feet. They agreed that 150 feet would be appropriate for natural and conservancy areas. However, in areas designated shoreline residential and high intensity, 50 feet seems more appropriate because there isn't the habitat concern in highly developed areas. The current buffer width is 35 feet and they feel that at 50 feet the County will be providing protection and responding to the public will. Peter Downey stated that the Planning Commission members think they can finish their redraft in two weeks. Some policy pieces still need to be looked at more carefully such as the policy for setting natural areas and conservancy areas. They are trying to bring some common sense to the process. They want to give the Board the best document they can and they are requesting a two week extension. Chairman Sullivan noted that the date the final SMP needs to be submitted to the State Department of Ecology is set and cannot be changed. It is his understanding that, in order to give the Planning Commission two more weeks for review, staffwill have less time to work on their part of the process after the Planning Commission's public hearing. Page 3 Commissioners Meeting Minutes: Week of May 11,2009 Michelle McConnell, Associate Planner reported that the County received a letter from DOE granting a request made by the Commissioners to extend the contract timeline to October 30. Contract funding ends on June 30. She presented a revised SMP process schedule to the Board. In the last revised schedule, the Planning Commission's draft SMP would have been available for review by the public on May 20, with a Planning Commission public hearing on June 3. This would change to have the release ofthe Planning Commission's document on June 3 with their second public hearing scheduled on June 17. Their final recommendation would be available by July 15. Staff must then transmit this recommendation with a final staffrecommendation to the Board on July 27. The public comment period for the County Commissioners would begin on August 5 and their public hearing would be scheduled on August 24. They had to shorten the comment period for the Board's hearing by five days. On August 10 and 17 they have scheduled tentative workshops for the Board. In addition, the Board may have to schedule a special meeting to deliberate on the document on August 31, which is a fifth Monday week. Commissioner Johnson moved to grant the Planning Commission a two week extension to complete their review ofthe draft Shoreline Master Program. Commissioner Austin seconded the motion which carried by a unanimous vote. The County Administrator explained that the last time the Planning Commission was granted an extension, the Board sent a letter to them outlining the Board's expectations and timeline. He suggested that the Board direct staff to prepare a revised letter reflecting the new timeline. Commissioner Johnson moved to direct staff to prepare a revised letter to the Planning Commission for the Chair's signature regarding the new Shoreline Master Program schedule. Commissioner Austin seconded the motion which carried by a unanimous vote. Update re: Summary of May 7,2009 Ferry Advisory Committee: Tim Caldwell, Chair of the Ferry Advisory Committee, reported on the following items. . The ferry run from Southpoint to Lofall while the Hood Canal Bridge is closed is working well. However, there have been a few instances when winds in the Canal have reached a certain speed and the ferries haven't been able to dock at Southpoint so they have had to shut down the run. . The auto ferry service from Port Townsend to Keystone requires a reservation and it is best to make the reservations online. Reservations for the Edmonds to Port Townsend twilight cruise must be made by phone. The number of vehicles and people on both runs is higher than anticipated. . A 64 car ferry is scheduled to be transferred from Todd Shipyards to State Ferries by mid-June 2010. However, they aren't exactly sure when the ferry will begin on the Port Townsend/Keystone run. . There will probably only be one ferry on the Port Townsend run even though funds have been appropriated in the State's 2009-2010 budget for two additional 64 vehicle ferries. The anticipated launching of these two vessels is expected in 2011. Page 4 Commissioners Meeting Minutes: Week of May 11, 2009 . This summer and fall, State Ferries will be holding public outreach meetings on a proposal to put the reservation system in place for all the ferry runs. At the end of the year, the information "vill be forwarded to the State Legislature and if it is approved, they will fund a pilot program probably on the Edmonds/Kingston run. . Senator Murray has announced a bill to increase national ferry funding from $60 million a year to $200 million a year. Fifty percent of the funding would be allocated on a formula based on vehicles and passengers served and miles sailed. Washington State Ferries is the largest ferry system in the country and would receive about 40% ofthe appropriation. The other half ofthe appropriation would be awarded on a competitive grant basis and State Ferries has hired a grant writer. . The State 2011-13 budget includes a 144 car ferry but State Ferries has said that this will not happen unless they have a dedicated funding source. Instead, another 64 car ferry may be an option because they are more flexible on the routes. . The Governor didn't cut funding for Ferry Advisory Committees although this was originally proposed in the State budget. State Ferries will be recommending a 2.5% fare increase as directed by the Governor. . The Jefferson County Historical Society is interested in the naming process for the new ferries. This is the responsibility ofthe State Transportation Commission who is reviewing the process and criteria. The Commission may add the purchase of naming rights as an option and some Tribes have shown an interest in this. The next Washington State Ferry public meeting for Port Townsend is scheduled on June 15 at the Pope Marine Building. The Board discussed the reservation system that is currently in place. In many cases, travelers may be able to go "stand-by" and have a fairly good chance of getting on the ferry. Tom Thiersch, Jefferson County Ferry Advisory Committee, mentioned that the current reservation system is very inflexible. He said that Washington Ferries is planning to spend more than $5 million in a new reservation system in the next few years. When a reservation is made, a deposit will be required. . County Administrator Briefing Session: The following subjects were discussed. Recent efforts to maintain control of Section 8 vouchers by the Housing Authority of Jefferson County, and possibilities of bridge funding from Fund 148 while a long term solution is developed. An inquiry by Fred Hill Materials Attorney regarding the impact of the Iron Y10untain Quarry decision on Fred Hill Materials. Proposed State Department of Natural ResourceslPope Resources land exchange in Port Ludlow. Ways to support Team Jefferson's work on economic development. Grant for Courthouse restoration. Transporting of Juvenile truants to the Courthouse. Status of work by the Department of Community Development and Environmental Health with the State Department of Health and Department of Natural Resources regarding water quality at Mystery Bay. . . . . . . Page 5 Commissioners Meeting Minutes: Week ofMav 11, 2009 . Rhody Festival schedule and County Commissioners participation in the parade NOTICE OF ADJOURNMENT: Commissioner Johnson moved to adjourn the meeting at 3:31 p.m. until the next regular meeting on May 18, at 9:00 a.m. in the County Commissioners Chambers. Commissioner Austin seconded the motion which carried by unanimous vote. MEETING ADJOURNED .~""""~""'-o""""'''' . " \~ ...... " , '! . " ~ . 'J.~~\ . ,. . A , , I \' \: ATTEst;, '.", ~ , ~~~/(jrrzC Deputy Clerk of the Board ~, \ ; JEFFERSON COUNTY BOARD OF COMMISSIONERS /J d.&J/~~ . Davilsullrvan, ~t?, SEAL/ : ." J . " . ~.... ' " , ,-- ~()~ U AU~ Member Page 6