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HomeMy WebLinkAboutM102609 ~~ tOM0A.. ~~~l ~<{, ob ~(fJ :\ ~\ I..... ~ lIJ -<I I "I I \ ;' i \~ ~/ '''~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 ofthe Board: Lorna Delaney MINUTES Week of October 26, 2009 The meeting was called to order by Chairman David Sullivan at the appointed time 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 commented on the UGA recommendations and suggested that in the absence of a sewer system in Port Hadlock, the Board should allow commercial property owners to install septic systems for their businesses as long as they sign a no-protest agreement; a citizen believes Jefferson County needs to promote tourism by becoming the film center for the Pacific Northwest; another citizen commented on the Shoreline Master Program (SMP) and the importance of the meaning and usage of words and language; a citizen feels that the County needs to do something about Courthouse safety and security in order to protect people, property and records; a citizen amended his comments from last week to say that he believes the County has done some things to promote open government such as publishing a Public Records Access Policy and instituting a 3 minute time limit for public comments during the Board of County Commissioner's regular meetings which encourages equal and fair public participation; a citizen feels that with the adoption of the SMP the citizens of Jefferson County will face significant changes to their rights to use their property in a responsible manner; a citizen believes the County needs to establish an economic development plan and that the economic element included in the Comprehensive Plan and the slight show of work being done by Team Jefferson on economic development is not adequate and puts County planning into question. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Johnson moved to approve the Consent Agenda as presented. Commissioner Austin seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 58-09 re: Authorizing the Purchase of Supplies and Materials from or Through the U.S. General Services Administration (GSA) for the JeffCom 911 Radio System Improvements 2. AGREEMENT NO, IAAI0131 re: Funding for the Court Appointed Special Advocates (CAS A) Program to Serve Juvenile Dependency Cases; Jefferson County Juvenile and Family Court Services; Washington State Administrative Office of the Courts 3. AGREEMENT NO. 08-1773C re: Larry Scott Trail Final Phase; Jefferson County Public Works; Washington State Recreation and Conservation Office 4. AGREEMENT re: Historic Preservation Design Services for Courthouse Historic Roof Project; Jefferson County Public Works; Gustave Heckscher 5. AGREEMENT re: Brown Dairy Farm Conservation Easement Acquisition Project; Jefferson County Public Health; Jefferson Land Trust Page 1 Commissioners Meeting Minutes: Week of October 26,2009 6. AGREEMENT re: Finnriver Farm Conservation Easement Acquisition Project; Jefferson County Public Health; Jefferson Land Trust 7. AGREEMENT re: Project SEARCH; Jefferson County Public Health; Port Townsend School District 8. AGREEMENT NO, C14950, Amendment No. 18 re: 2007-2011 Consolidated Contract; Jefferson County Public Health; Washington State Department of Health 9. AGREEMENT NO, 0963-68037, Amendment No, 1 re: Chemical Dependency Prevention, Treatment and Support Services; Jefferson County Public Health; Washington State Department Social and Health Services (DSHS), Division of Alcohol and Substance Abuse (DASA) 10. AGREEMENT NO, G0800230, Amendment No.1 re: Water Resource Inventory Area (WRIA) 17 Chimacum Creek Ground Water Study; Jefferson County Public Health; Washington State Department of Ecology 11. AGREEMENT re: Professional Services for Jeff Com Strategic Plan Facilitation and Development; Jefferson County Administrator; David Goldsmith 12. Advisory Board Reappointment; Jefferson County Parks and Recreation Advisory Board; Two (2) Year Term Expiring October 15,2011; Representing District 1, Jane Storm 13. Advisory Board Resignation; Jefferson County Tourism Coordinating Tourism Council (TCC); Representing BrinnonlQuilcene; Larry McKeehan 14. Payment of Jefferson County Vouchers/Warrants Dated October 19,2009 Totaling $590,679.62 15. Payment of Jefferson County Payroll Warrants Dated October 20,2009 Totaling $89,988.81 and AlP Warrants Done by Payroll Dated October 20,2009 Totaling $15,588.83 COMMISSIONERS BRIEFING SESSION: The Commissioners and the County Administrator each reported as follows: Commissioner Sullivan: . The Peninsula Regional Transportation Planning Organization is working to prioritize transportation intersection projects in Jefferson County with transportation projects in Kitsap and Mason Counties. Commissioner Austin: . Olympic Community Action Programs Head Start Program did well in a recent audit which found the only minor need for improvement is to update its First Aid Kit. Commissioner Johnson: . The Safety Committee met with the Sheriff and discussed many security options for the Courthouse that will be worked on by the County Administrator. Urban Growth Area (UGA) Recommendations for Comprehensive Plan Amendments and Unified Development Code Amendments: Associate Planner Joel Peterson explained that on August 12, 2009 the Western Washington Growth Management Hearings Board (WWGMHB) issued an order pertaining to the establishment of the lrondalelPort Hadlock Urban Growth Area (UGA) case no. 07-2- 0012c finding that Jefferson County is compliant with the Capital Facilities Plan, Sewer Facilities Plan and Dwelling Unit & Population Holding Capacity Plan, however, the County is out of compliance with the Page 2 Commissioners Meeting Minutes: Week of October 26,2009 ~ P&J") ~ requirements ofRCW 36.70.110 and 020 (1) and (12) until it adopts an ordinance clarifying which rural development standards apply prior to sewer availability. Included in the Board's information is the Planning Commission's recommendation and the Department of Community Development (DCD) recommendation regarding MLA 09-295. Also included is a summary of proposed amendments to the Comprehensive Plan and Unified Development Code and a summary of the Hearings Board Decision and the Deputy Prosecuting Attorney's matrix oflegal issues tracked throughout the compliance effort. The proposed amendments address the compliance order by clarifying the rural standards in place in the absence of sewer availability. Specifically, DCD recommends this be done by adding the references to rural standards under a new chapter 18.19 in the Jefferson County Code which puts into place a transition rural standards zoning map along with the current urban development standards map within the Comprehensive Plan. Planning Commission Representative Bill Miller discussed the Planning Commission's recommendation which is to amend chapter 18.18 to make it consistent with the proposal and to allow interim onsite septic system use at urban levels rather than adding a new chapter 18.19 on transitional rural standards. This will allow commercial areas to be developed at commercial densities. According to a statement made by the WWGMHB in 2005, onsite septic systems comply with RCW 36.70.110. By allowing onsite septic systems in a commercial zone, we allow for a more timely development of businesses by people who want to contribute to the economic development ofthe County. Joel Peterson commented that the reason the Plarming Commission is proposing a recommendation which is different from the DCD proposal is not because they believe it won't meet Growth Management Act (GMA) compliance, but, rather because they are concerned with the immediate needs for economic development in the UGA and are looking for a way to provide urban level of development on interim septic systems. There is strong community desire for policy that will allow immediate urban development in the UGA prior to sewer availability, however, DCD believes that while development is important, the GMA statute and legal precedence establishes that sewer facilities must be available when urban development occurs. Deputy Prosecutor David Alvarez gave his legal advice that the County cannot allow development at urban densities using a rural service such as onsite septic systems. Community Development Director Al Scalf presented a map dated February 4, 2009 showing that the current zoning in Port Hadlock is a UGA which is consistent with chapter 2 of the Comprehensive Plan. He also presented a copy DCD's recommended draft transitional rural zoning map. The Board is being asked to either approve the Planning Commission's recommendation or if changes are deemed necessary as recommended by DCD, the Board would hold its own hearing to take public testimony Page 3 Commissioners Meeting Minutes: Week of October 26, 2009 ~.""" ~,. .-' -. -, f:..:~ ~. ." -'.- '" (,,,,~,,,e on the Planning Commission's recommendation. A draft publication notice has also been included for the Board's approval should they decide to schedule a hearing. Chairman Sullivan stated that it is counterintuitive to have rural standards in place when the County is moving toward a UGA which is already characterized by urban growth. During this time period it makes more sense to encourage what we are moving toward, rather than encourage what we are moving away from. The County is at a very critical time for sewer system funding. There is federal funding lined up for the pre- construction design, however, the County needs to match that funding. Funding was anticipated to come from a 0-1% interest Public Works Trust fund loan, however, the Public Works assistance account was not funded during the last legislative session. Funding must now be found from other sources in an affordable manner, so it does not all fall on the property owners in the UGA. The County needs a sewer system to have economic development and yet it can't afford a sewer system until there is economic development. We need some outside help to make this affordable for everyone. He understands the position of the Planning Commission, but, he is concerned about being non-compliant. Funding qualifications are dependent upon compliance with state regulations which is a critical factor. Commissioner Austin agreed with Chairman Sullivan and stated that the County must comply with the WWGMHB order by November 12, 2009. He couldn't find in the Planning Commission's recommendation where it addressed the requirement that the County get into compliance for rural zoning. DCD's recommendation does address that issue, however, it does not address the idea of allowing some interim commercial development. It concerns him that the new transitional rural zoning map proposed by DCD does not include certain commercial properties located west of State Highway 19 (SRI9). This creates a hardship for owners of property that are dependent upon zoning before the County changed from urban to rural designation within the UGA. He proposed a possible solution would be to accept DCD's recommendation, but, to adjust the transition rural zoning map so that the traditional rural commercial districts west of SR19 are included. This would allow a reasonable continuation of urban level development in the corridors which have been designated as commercial in the UGA zoning. In Jefferson County Code chapter 18.15 it designates that certain commercial areas within a rural area exist such as a neighborhood visitor crossroad and general crossroads. Commissioner Johnson stated that including the properties west ofSR19 according to a neighborhood visitor crossroad might be a bit of a stretch. Extending the Limited Area of More Intensive Rural Development (LAMIRD) would probably be more appropriate. Al Scalf provided a review of how the zoning was established over the years. David Sullivan noted that these boundaries have already been established in other County programs and plans and making any changes affects many more regulating documents. David Alvarez also discussed the risks involved in making changes to or expanding the LAMIRD in terms of meeting measuring requirements based on what existed in 1990. It is likely that many legal challenges would arise. Page 4 Commissioners Meeting Minutes: Week of October 26, 2009 f} ~ Commissioner Johnson moved to set a hearing for Monday, November 9, 2009 at 11 :00 a.m. in the Commissioner's Chambers. Commissioner Austin seconded the motion which carried by a unanimous vote. In answer to a question posed by John Austin, Al Scalf explained that once the hearing is held, if the Board agrees to make changes which are different from the recommendations ofthe Planning Commission and DCD, then an additional hearing will need to be conducted by the Board and a request to extend the compliance deadline will need to be sent to the WWGMHB. Shoreline Master Program (SMP) Comprehensive Update: Long Range Planning Lead Michelle McConnell presented an updated draft Shoreline Master Program (SMP) dated October 22, 2009 as well as a copy ofthe October 26, 2009 "Pick List" supplement containing final edits. She reviewed the final edits as follows and explained that staff is still working on formatting of the document. Due to the additional review time and extensive revisions staff is also requesting the Board approve the revised project schedule and approve a letter be sent to the State Department of Ecology (DOE) requesting to extend the deadline for submitting the locally approved SMP document. ARTICLE 2 - DEFINITIONS Staff is suggesting to delete the "*" notations from each definition and descriptive text on page 2-1 as they were intended for committee and Planning Commission review only. The Board members stated that they find the notations useful and would like them to remain. Pal!:e 2-4, Section A. 23 Anadromous fish The Board asked that staff make sure to change the word "most" to "part" so that the definition reads "means fish species that spend part of their lifecycle in saltwater, but return to freshwater to reproduce." Pal!:e 2-18. Section F The Board agreed to add a definition for "Finfish". Pal!:e 2-30. Section M. 22Hiv) *Mininl!: or Mining Ooerations The Board asked staff to make sure to add the language "All methods of' to the beginning of that section so it will read" All methods oftransportation to and from the mine (including conveyors, piers, and barges), ..." Pal!:e 2-45, Section S The Board agreed to add a definition for the acronym SP AAD to read "See Site Plan Approval Advance Determination." ARTICLE 4 - SHORELINE JURISDICTION AND ENVIRONMENT DESIGNATIONS Pal!:e 4-6. Title 3. Use Table The Board agreed to the following changes. Page 5 Commissioners Meeting Minutes: Week of October 26,2009 Add an "X", meaning prohibited use, to the "Natural" designation for float plane moorage in order to be consistent with text in Article 7, Title 2, Section B Shoreline Environment Regulations, subsection 3(iv) Natural (incorrectly noted as l3(xxxviii). Change the use table notations for "Mooring Buoys" as follows: Priority Aquatic = P*; Aquatic = P*; Natural = C(a); Conservation = C(a); Shoreline Residential = C(a); High Intensity = P; and change text in Article 7, Title 2, Section B, subsection l(vi.) Priority Aquatic (incorrectly noted as 1 1 (xxix) and subsection 2(v) Aquatic (incorrectly noted as 12(xxxiv) to read "Mooring buoys are allowed subject to the adjacent upland shoreline designation." Add "X" under "Aquatic" for "Water Dependent or Water Related" (non-recreation shoreline uses) since it is not specified in the language in Article 8, Title 3, Section C, subsection 2 Aquatic. Add "X" under "Conservancy" for "Water Related" (recreation shoreline uses) since it is not specified in the language in Article 8, Title 3, Section C, subsection 4 Conservancy. Add "C(d)" under "Conservancy" for "Water Enjoyment" (shoreline use) to be consistent with the language in Article 8, Title 3, Section C, subsection 4 Conservancy. Add a row for Industrial Piers. ARTICLE 6 - GENERAL POLICIES AND REGULATIONS The Board agreed to specify "detrimental" in Title 5, Section B, subsection 4 (incorrectly noted as 10), because it was previously decided to add a defmition in Article 2 for "genetically modified organisms" and the term "hazardous material" which is already in that section is equivalent to "detrimental". ARTICLE 7 - SHORELINE MODIFICATIONS POLICIES AND REGULATIONS Title 2. Boatinl!: Facilities: Boat Launches, Docks. Piers. Floats. Lifts, Marinas. and Moorinl!: Buovs Pal:e 7-7. Section B Shoreline Environmental Rel:ulations. subsections 4 and 5 (incorrectly noted as 14 and 15) The Board agreed to delete subsection 4(vi) (incorrectly noted at 14(xliv)) and subsection 5(vi) (incorrectly noted as 15(1)) with the language "Industrial piers are prohibited." and add the language "except industrial piers are prohibited" at the end of subsection 4(ii) (incorrectly noted as 14(xl)), and subsection 5(2) (incorrectly noted as 15(xlvi)). A new row will also be added to the Use Table for "Industrial Piers." Page 7-14, Section G Marinas. subsection 3{vii) (incorrectly noted as 57{ci)) The Board agreed to add the words "guidelines, and" so that it reads "Marinas shall be sited ... with Washington Department of Health guidelines, and National Shellfish Sanitation Program (NSSP) standards." Page 6 Commissioners Meeting Minutes: Week of October 26,2009 Pae:e 7-17. Section H Moonne: Buovs. subsection 8 (incorrectlv noted as 68) The Board agreed to change this section so it reads "The County shall plan for and coordinate with other agencies to control the placement and number of mooring buoys within bays and other areas to protect water quality and/or habitat and ensure that transit channels are maintained. Under no circumstances shall mooring buoy density exceed State Department of Health guidelines and National Shellfish Sanitation Program (NSSP) standards." Title 8. Structural Shoreline ArmonDe: and Shoreline Stabilization Pae:e 7-32. Section B Shoreline Environment Ree:ulations. Subsection 1 (incorrectly noted as 15) The Board agreed to delete the apostrophe symbol after the last word in that section. ARTICLE 8 - USE-SPECIFIC POLICIES AND REGULATIONS Title 2. Aauaculture Pae:e 8-4, Section A, subsection 8 The Board agreed to delete "genetically modified organisms" from this subsection. Title 8. Residential Pae:e 8-27 and 8-28. Section D. subsections 5 and 8 Deputy Prosecuting Attorney David Alvarez stated that the County cannot require an open space of 30% as noted in these subsections. The county can encourage a specific percentage of open space, but, it cannot be required. He suggested these two sections be included in the policy section and that the language be changed to exclude the 30% requirement. After further discussion, the Board agreed to add the language from subsections 5 and 8 to the policy section reworded as follows: #5 as new policy "New multi-unit residential development, including subdivision ofland into more than four (4) parcels, is encouraged to provide public open space equal to at least thirty percent (30%) of the total subdivision area for use by development residents and the public. The County may alter the threshold or waive this requirement if public access is infeasible due to incompatible uses, safety, impacts to shoreline ecology or legal limitations. The County may require alternatives to on-site physical access if on-site physical access is infeasible for the reasons noted." #8 as new policy "When required for multi-lotlmulti-unit residential development, public access/open space is encouraged to equal at least thirty percent (30%) of the subdivision area. The County may require a lesser amount or may waive this requirement if public access is infeasible due to incompatible uses, risks to health or safety, impacts to shoreline ecology or legal limitations. In such cases, the County may require alternatives to on-site physical access if on-site physical access is infeasible for the reasons noted." Page 7 Commissioners Meeting Minutes: Week of October 26,2009 ~ ~ The regulations under subsections 5 and 8 will remain and will be reworded as follows: #5 "New multi-unit residential development, including subdivision ofJand into more than four (4) parcels, shall provide public open space within constitutional limits of the total subdivision area for use by development residents and the public. The County may alter the threshold or waive this requirement if public access is infeasible due to incompatible uses, safety, impacts to shoreline ecology or legal limitations. The County may require alternatives to on-site physical access if on-site physical access is infeasible for the reasons noted." #8 "When required for multi-lot/multi-unit residential development, public access/open space shall be within constitutional limits of the subdivision area. The County may require a lesser amount or may waive this requirement if public access is infeasible due to incompatible uses, risks to health or safety, impacts to shoreline ecology or legal limitations. In such cases, the County may require alternatives to on-site physical access if on-site physical access is infeasible for the reasons noted." APPENDIX A - MAPS Michelle McConnell discussed the map corrections which have been made and stated that there are additional corrections that still need to be made. The Board agreed to make the following map changes. The Jefferson County boundary location map in the legend will be changed so that it also shows east Jefferson County. The tribal areas in west Jefferson County are now included in the map legend. The colors of the designations for "NA" and "High Intensity" will be changed to reflect a more distinct difference between the two designations. The labels for "Dabob Bay" and ''rarboo Bay" will be accurately reflected on both the "Quilcene" map and the Toandos Peninsula (North) map. At the conclusion of the Board's deliberations, Commissioner Austin moved to direct staff to make the final edits to the SMP document and prepare a Resolution to locally adopt the SMP and to approve the revised project schedule and approve sending a letter to the DOE requesting the October 30, 2009 deadline for submitting the SMP document be extended to December 31, 2009. Commissioner Johnson seconded the motion which carried by a unanimous vote. Page 8 Commissioners Meeting Minutes: Week of October 26, 2009 <!J."""'" :;'.......>:.!:, +-i'" ','" ,,,,~,,,,, COUNTY ADMINISTRATOR'S BRIEFING SESSION: County Administrator Philip Morley was absent. County Engineer Monte Reinders and Public Works Project Manager Jim Pearson reviewed the following with the Commissioners: . Proposed E-911 Locator Ordinance Update NOTICE OF ADJOURNMENT: Commissioner Austin moved to adjourn the meeting at 2:31 p.m. until the next regular Monday meeting at 9:00 a.m. or special meeting as properly noticed pursuant to RCW 42.30.080. Chairman Sullivan seconded the motion in the absence of Commissioner Johnson. The motion carried. - SEAL' I;i' .' ".r I ~)t , ",~..t- \~~. .. - .. K, ' ,.;;,!- ATTEST~. :.1" J' (, ~?' li - 0,.'" (! l..v~" ? <-<1.1' '--. nn Lundgre~~y . r Clerk ofthe Board JEFFERSON COUNTY BOARD OF COMMISSIONERS - ,il&/y~, David Sullivan, Chalf ~ll ~ Phil Johnson, ~mber ' A"",;~ Page 9