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HomeMy WebLinkAboutM062209o~ co ~k~gSON C~O~® ~ W ~, ti ~~ ~ ~~ski N G`SO~ 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 June 22, 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: several people suggested that when the County holds a public meeting there should be adequate seating and ventilation and a backup plan if the meeting needs to be moved to a larger venue; representatives from Miles Sand and Gravel, the company that recently acquired the Fred Hill Shine Pit operations, were introduced and gave a brief description of their operations in Washington State; a person noted that the proposed Pit to Pier project is vested under the current Shoreline Master Program; a resident of Port Ludlow asked the Board to support the original Pope Resources/Department of Natural Resources land exchange proposal; and a citizen who attended an Economic Development Conference last week requested that the Board talk with State Legislators about changing the GMA legislation regarding the sewer system requirement in Urban Growth Areas because it is limiting economic development on the Olympic Peninsula. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Austin moved to approve the Consent Agenda as presented. Commissioner Johnson seconded the motion which carried by a unanimous vote. 1. RESOLUTION N0.39-09 re: Establishing the Date for 2010 Budget Submissions, Review Hearings and Final Adoption (Week of December 7, 2009) 2. AGREEMENT re: Dispersal of Funds from the Jefferson County Veteran's Assistance Fund; Jefferson County Veterans' Service Officers Association 3. AGREEMENT re: Upper Hoh Road Pavement Repair MP 8.30 and MP 9.70, Project No. X01820 and X01821; Jefferson County Public Works; Lakeside Industries, Inc. 4. AGREEMENT NO. G0600343, Amendment No. 3 re: Shoreline Master Program Update; Jefferson County Community Development; Washington State Department of Ecology 5. AGREEMENT, Amendment re: Shoreline Master Program Update; Jefferson County Community Development; ESA Adolfson 6. GRANT APPLICATION re: Port Hadlock Wastewater Facility; Jefferson County Community Development; United States Department of Agriculture (USDA) 7. Advisory Board Resignation; Jefferson County Library Board of Trustees; Hal Beattie 8. Advisory Board Resignations (2); Jefferson County Conservation Futures Advisory Board; Ryan Hunter and Chris Llewellyn Page 1 Commissioners Meeting Minutes: Week of June 22, 2009 °"~~ "' `'~/< 9. Payment of Jefferson County Vouchers/Warrants Dated June 15, 2009 in the amount of $406,718.95 APPROVAL OF MINUTES: Commissioner Johnson moved to approve the minutes of June 8 and 15, 2009 as presented. Commissioner Austin seconded the motion which carried by a unanimous vote. COMMISSIONERS BRIEFING SESSION: The Commissioners reported on the following items. Commissioner Johnson: • He attended the Hood Canal Coordinating Council meeting last week. They will be developing a project from their Action Agenda and plan to seek federal funding for it. • The proposed Historic Preservation School at Fort Worden will be an accredited two-year school. Commissioner Austin: • He attended the State Ferries meeting in Port Townsend last week. One topic of discussion was the new ferries proposed for the Keystone/Port Townsend run. • A portion of the residents of Gardiner are proposing a merger with the Blyn Fire District in Clallam County because they don't have enough volunteers for their fire district operations. Chairman Sullivan: • He attended a meeting of several State and local agencies including the Tribes regarding the water quality at Mystery Bay. He thinks everyone is working well together and there is a lot of interest from residents of the community, however, there are still concerns about how to deal with the transient boats that moor there. County Administrator Morley: • On Thursday, June 25 there is a joint special meeting of the County Commissioners and the Port Townsend City Council scheduled at 6:30 p.m. at City Hall. HEARING re: Interim Ordinance No. OS-0427-09 Enacting a Moratorium Against the Issuance of Permits or Approvals Pertaining to Adult Businesses: Chairman Sullivan opened the public hearing. Stacie Hoskins, Planning Manager, explained that a public hearing is required within 60 days of adopting an interim ordinance. The moratorium on adult businesses will allow the extra time that is needed to establish guidelines and regulations for adult business permits in the County. She noted that a concern was mentioned that this moratorium does not address existing businesses that may want to expand or add elements related to adult businesses. She explained that a proposed change would have to affect a substantial portion of a current business. Stacie Hoskins stated that this is the fourth moratorium ordinance that has been enacted on the subject. The Planning Commission has scheduled time to work on the ordinance in the fourth quarter of this year. However, another interim ordinance may be required before their work is completed. Page 2 Commissioners Meeting Minutes: Week of June 22, 2009 a~ ~-s ,.~ Chairman Sullivan opened the public testimony portion of the meeting. Tom Thiersch, Jefferson County, stated that this issue has come up numerous times before and he thinks that a great deal of staff time has already been devoted to it. The staff recommendation on the 2009 Comprehensive Plan Amendment Docket was not to docket the Industrial Land Bank amendment because there isn't staff to work on the project. He thinks that staff time is being wasted on the adult business issue because he doesn't think anyone really cares. Projects that have to do with economic growth, such as industrial land banks, are important to the County and that is where staff should devote their time. The County's priorities are confused. He thinks the final adult business ordinance needs to be finished so that the County can move forward on more important projects. Craig Durgan, Port Ludlow, stated that he agrees with Tom Thiersch's comments. The UGA and sewer system project have tied up the Port Hadlock area for several years. Continuing moratoriums aren't progress. The subject of adult businesses doesn't interest him; it is the process that is the issue. The Industrial Land Bank amendment, the UGA, and the sewer system project would help the County move ahead with economic development. The excuse is always that the staff doesn't have time or there is no money. However, there always seems to be time for politically expedient projects that are deemed more important by the Commissioners such as the global warming issue. Joe D'Amico, Fort Discovery, stated that he agrees with the previous two speakers. He thinks there are things that the Department of Community Development could be doing that could be better. He noted that Stacie Hoskins said that a portion of a business could expand to include adult business aspects if it wasn't the primary business. However, he thinks that the County's regulations on legal non-conforming uses are not always clear. Tomorrow Security Services Northwest is going to have a hearing in the Courthouse and the County's attorney is going to tell his attorney how many rounds can be shot at a legal non-conforming shooting range. He agrees that the County needs to move on to bigger, more important projects that would help create family wage jobs and a stronger economy. Mike Belenski, stated that he agrees with the previous three speakers. He has lost track of how many times this subject has come up on the agenda and he thinks it is a lack of leadership. He doesn't see a reason to bring this issue up every six months and then put it off for another six months. The County Commissioners need to face issues and take some action. He doesn't care one way or another if there are adult businesses in the County; the problem is the process. It is like sticking the issue in a black hole and not bothering to address it. He sees it as a waste of County money. Instead of putting a temporary moratorium in place, the Board needs to make a decision. Hearing no further comments for or against the interim ordinance, the Chair closed the public hearing. County Administrator Philip Morley explained that the Commissioners have not made a decision on this ordinance because the legislation is not ready for their final action. Additional staff and legal work needs to be done. He understands the frustration of several citizens, but under the law and prior rulings of the court, counties cannot prohibit adult entertainment. This issue is about setting the right zoning and other controls Page 3 Commissioners Meeting Minutes: Week of June 22, 2009 ~, ~~ ~` to have adult businesses located in an appropriate locations. Staff wants to be careful about that because the impact on a community can be significant. Under State law, the work on legislation needs to be finished within a year, and if the work can't be completed, the only action that can be taken is an interim moratorium. The County is doing the best it can with limited resources. Chairman Sullivan noted that there have been other priorities that the Planning Commission and staff have spent their time on recently. The Board isn't trying to drag this issue out. He thinks a moratorium is appropriate right now because if a permit is submitted for an adult business without regulations in place, it could have a negative impact on the community where it was located. WORKSHOP re: Duckabush Dosewallips Comprehensive Flood Hazard Management Plan: Al Scalf, Director of Community Development reported that a few years ago DCD applied to the State Department of Ecology (DOE) for grant funding on this project to supplement staff time and to hire an expert in the field. The grant funding ends on June 30. Michelle Farfan, Associate Planner, explained that the grant was awarded by the Flood Control Assistance Account Program. The plan is focused on the Dosewallips and Duckabush Rivers which are in Water Resource Inventory Area (WRIA)16. The plan includes three major tasks: • Designation of river reaches for investigation • Hydro-geological analysis to assess risk and identify alternatives to flood hazards • Long range planning to lay the foundation for future flood management projects and policies In June, 2008 Jefferson County contracted with HDR Engineering for preparation of the plan and facilitation with the Advisory Team at public meetings. The Advisory Team is comprised of County staff and the consultant, Tribes, representatives of Federal, State, and local resource agencies, and other stakeholders and citizens. The Advisory Team has held four meetings to take public comment and there is a fifth meeting scheduled this evening at the Brinnon Community Center. The Commissioners will be asked to take action to adopt the plan through an adopting resolution within the next month. Stacie Hoskins noted that the plan is posted on the County website. Jerry Louthain, HDR Engineering, reported that he has been involved in this project since the County began working on it. A similar plan was adopted for the Quilcene River basin. The grant funding from the State for the plan is made available to local governments to help reduce flood damages. State funding will also be made available to implement the tasks in the plan after it is approved. The plan is not a regulation, but does have minimum requirements to comply with State law. Al Scalf noted that Section 4 of the plan lists hazard management alternatives which are projects that the County wants to prioritize for future grant funding. This includes projects that are structural improvements for stream bank protection, levy setbacks, dike removal, a sediment transport study, and feasability for culvert replacement. Page 4 Commissioners Meeting Minutes: Week of June 22, 2009 ~;~ys~~~~. _~ ';` Chairman Sullivan asked if the plan affects flood insurance? Jerry Louthain answered that the Flood Insurance Program is a federal program and there is no relationship between the plan and the program. The County would need to become involved in the Community Rating System (CRS), which is also a federal program, in order to reduce flood insurance premiums based on the positive actions the community takes to reduce flood damage. Al Scalf mentioned some of the actions that would affect the CRS: a model ordinance for the Flood Management Plan, community outreach, and making educational materials available to property owners. DCD began work on this program a few years ago but it had to be shelved due to limited staff resources. Jerry Louthain reviewed the first four sections of the plan. • Section 1: He mentioned that some of the groups that were very active on the Advisory Committee are primarily interested in actions to improve fish habitat which can also help reduce flood damage. • Section 2: This is an inventory of what is currently in the basin including land use, watershed description, existing infrastructure, and identification of past flooding problems and the type of damage. It also identifies positive activities that are being done in the basin such as the County's property acquisition program. • Section 3: This is the determination of need. These two basins are fairly pristine compared to other river basins around the State. The Olympic Canal Tracts and the Lazy C are older recreational developments that have become permanent residences, but those are really the only two developed areas. • Section 4: This is the identification and description of alternatives as Al Scalf explained earlier. There is a table on pages 67-68 that summarizes some of the activities, categorizes them as structural and non-structural, and lists priority ratings. He reviewed some of the information in the table in detail. There was a discussion about the accuracy of maps and 100-year flood events. • Section 5: Conclusions and Proposed Solutions. • Section 6: Implementation and Funding. • Section 7: Plan Review, Revision, Adoption and Maintenance. • Section 8: References. Jerry Louthain explained that the document is very close to a final draft that will be submitted to DOE. There is a representative on the Advisory Committee from DOE. At the public meeting tonight they will get feedback from the Advisory Committee and the public. They will also incorporate the feedback from the Commissioners and the County Administrator. After the final plan is approved by the Commissioners, it will be submitted to DOE for final approval. HEARING re: 2009 Final Comprehensive Plan Docket: Chairman Sullivan opened the public hearing on the 2009 Final Comprehensive Plan Docket. Stacie Hoskins explained that the 2009 Preliminary Docket included three items. Two of the amendments are site specific. John Graham submitted a request to change 9.2 acres from Rural Residential, 1 residence to 5 acres (RR1:5), to Agricultural. The Port of Port Townsend is requesting that approximately 24 acres be changed from RR1:10 to an Airport Essential Public Facility designation. Page 5 Commissioners Meeting Minutes: Week of June 22, 2009 y /~~ The third item on the Preliminary Docket is the Industrial Land Bank (ILB) amendment which has been carried over from previous years. The State RCW allows the County to establish an Industrial Land Bank (ILB) prior to December, 2011. The Industrial Land Bank establishes a bank of areas that the County has identified as suitable for a major industrial development. However, there is already a process in place under the current Jefferson County Code if someone wants to apply for a Major Industrial Development permit. The Planning Commission held a public hearing on the Final Docket and their recommendation is to docket the ILB amendment. The two site specific amendments are automatically put on the docket. If the Board accepts the Planning Commission's recommendation, additional funding and staff would need to be provided to complete the ILB project this year. If these additional resources are not available, the staff recommendation is that the ILB amendment not be included in the 2009 Final Comprehensive Plan Docket. In the case where the Planning Commission recommendation and the staff recommendation differ, the Board can hold a public hearing, deliberate and make a decision. When DCD came before the Board a few weeks ago to discuss the Planning Commission's recommendation, the Board directed that a public hearing be scheduled. Commissioner Austin asked staff if they knew of any possible funding sources and Stacie Hoskings replied that they didn't at this time. Chairman Sullivan asked about possible sites for ILBs. Al Scalf answered that areas brought up in general discussions included: Glen Cove, the Airport, the intersection of Beaver Valley Road and SR104, the intersection of Center Road and SR104 and other outlying areas such as Brinnon, Quilcene, Discovery Bay, or the West End. No property owners have come forward to say they want their property to be included in an ILB. Al Scalf added that currently the County is limited in infrastructure and transportation in most of these areas including water, sewer, three-phase power, limited major roads and no train service. Chairman Sullivan opened the public testimony portion of the hearing. Hearing no comments for or against the proposed 2009 amendments to the Comprehensive Plan, the Chair closed the public hearing. Commissioner Johnson moved to accept the staff recommendation to not docket the Industrial Land Bank amendment on the fina12009 Comprehensive Plan Amendment Docket. Commissioner Austin seconded the motion which carried by a unanimous vote. Memorandum of Understanding (MOU) with the Hoh Tribe Regarding Law Enforcement Services: Hoh Tribe Member Harold Miller and Sargent Michael Stringer from the Sheriff s Office were introduced. David Alvarez, Chief Civil Deputy Prosecuting Attorney explained that he has been working on the MOU with Tribal Attorney Lisa Atkinson and Executive Director Alexis Barry of the Hoh Tribe. He reviewed some of the information in the MOU regarding the jurisdiction of the Tribe. The MOU allows two Sheriff Deputies from Jefferson County to provide law enforcement services for the Hoh Tribe in the West End. It is agreed that this arrangement will be advantageous to the Tribe and the County. Chairman Sullivan noted that the State Legislature recently appropriated approximately $650,000 to the Hoh Tribe to build a fire station/public services building. Page 6 Commissioners Meeting Minutes: Week of June 22, 2009 W `~~'~ yl.', ~-~ Commissioner Johnson moved to approve the MOU with the Hoh Tribe for Jefferson County to provide law enforcement services. Commissioner Austin seconded the motion which carried by a unanimous vote. County Administrator Briefing Session: The following subjects were discussed. • Preliminary Project List for 2010-2015 Transportation Improvement Program (TIP) • Update re: Jacob Miller Road and Old Gardiner Road Bridge • Review of Draft Department of Ecology Instream Flow Rule • Expansion of Healthcare Services for Kitsap and Olympic Peninsula • Partnership opportunities regarding the Brinnon Motel • Proposed Equestrian Park lease negotiations Letter of Support for Northwest Straits Initiative Reauthorization: Commissioner Johnson moved to send a letter in support of the reauthorization of the Northwest Straits Conservation Initiative to Senator Patty Murray, Representative Rick Larsen, and Representative Norm Dicks. Commissioner Austin seconded the motion which carried by a unanimous vote. NOTICE OFADJOURNMENT: Commissioner Austin moved to adjourn the meeting at 4:43 p.m. until the Special Meeting with the Port Townsend City Council on Thursday, June 25, at 6:30 p.m. at City Hall. Commissioner Johnson seconded the motion which carried by unanimous vote. MEETING ADJOURNED SEA: w • ~ ~:Y 4 ~` o ~ ~~ ~~'• ~- "~,r `c;; s ~ ac / r'a f i ~ . ~~ s ~ ~ r ~~1 ~ ~ S~ ; ~-i _ _R .' ~rM` -l .~ _ R -. ~f - s ATTEST: ' ; ~~~~ ~ !~~ ~ ~~ ulie Matthes CMC Deputy Clerk of the Board JEFFERSON COUNTY BOARD O COMMISSIONERS f Davi Sullivan, Chair hil Johnson, Member ~.~ Jo Austin, Member Page 7