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Home My WebLink Aboutcbs1_050310 District No. 1 Commissioner. Phll Johnson District No. 2 Commissioner. David W. SnlIivan District No.3 Commissioner: John Austin County Administrator: Philip Morley Clerk of the Board: Lorna Delaney 11$4/;/, MINUTES Special Meeting - September 23, 2009 The meeting was called to order by Chairman David Sullivan at 9:00 a.m, in the presence of Commissioner Phil Johnson and Commissioner John Austin. Shoreline Mastel' Program (SMP) Deliberations: Department of Co=unity Development (OCD) Director AI Scalf, Planning Manager Stacie Hoskins and Long Range Planning Lead Michelle McConnell were present to assist the Board with deliberations on the Shoreline Master Program (SMP). Department of Ecology representative Jeffree Stewart and consultant Margaret Clancy with E,S.A, Adolfson previously hired by the County to assist with the SMP were also present to observe the Board's deliberations. Michelle McConnell presented an updated spreadsheet titled SMP Issues "Pick List" which reflects changes the Board has requested during their meetings held on September 2, 14 and 21, 2009. Staff will update this list with any changes the Board requests throughout the deliberations, The changes on the "Pick List" have not yet been incorporated into the SMP document All the changes will be made at one time after the deliberations have been concluded and when the Board gives clear direction to make the changes. The Board continued its review of the Planning Commission's proposed SMP draft with the line-inIline-out changes reco=ended by staff as follows. ARTICLE 2 - DEFINITIONS The Board agreed to add definitions for the following terms: - "Conditional Use Permit" with reference to Article 9 and 10 description and criteria - "Nearshore" - "Public Water" - "Minerals" (as reco=ended by DCD) The Board agreed with DCD's reco=endation to delete the following definitions: - "Mineral extraction" - "Mineral processing" Pae:e 2-26. Section M(8) Minine: Reads "See mineral extraction," DCD reco=ends changing this definition to read: Page 1 Commissioners Meeting MinuteS: Week of September 23,2009 ~rn~w~ eo .......'"..' -, .~ ~-1 ,; "8. Mining or Mining Operations means, in accordance with RCW 78,44,031, all mine-related activities, exclusive of reclamation, that include, but are not limited to activities that affect noise generation, air quality, surface and ground water quality, quantity, and flow, glare, pollution, traffic safety, ground vibrations, and/or significant or substantial impacts commonly regulated under land use provisions, Mining specifically includes: i. Extraction of rock, stone, gravel, sand, earth, and other minerals; ii, Blasting, equipment maintenance, sorting, crushing, and loading; iii, On-site mineral processing including asphalt or concrete batching, concrete recycling, and other aggregate recycling; and iv, Transporting minerals to and from the mine, on site road maintenance, maintenance of roads used extensively for surface mining activities, traffic safety, and traffic control." The Board agreed to change the language of section iv. noted above to read "All methods of transporting minerals to and from the mine (including conveyors, piers and barges), on site road maintenance, maintenance of roads used extensively for surface mining activities, traffic safety, and traffic control." The proposed definition further reads: "Mining shall not include the following: i. Excavation and grading at building construction sites where such construction is authorized by a valid building permit; or ii. Excavation and grading in public rights-of-way for the purpose of on-site road construction, or in private rights-of-way for the same purpose if authorized by the County; or iii. Excavation and grading for the purpose of developing ponds or manure lagoons for agriculture purposes; or iv, Excavation and grading in connection with and at the site of any creek, river, or flood-control or storm drainage channel for the purpose of enlarging hydraulic capacity or changing the location or constructing a new channel or storm drain where such work has been approved by the County; or v. Excavation and grading where the excavated material will be used on the same property or on property contiguous to and under the same ownership as the excavation." ARTICLE 7 - SHORELINE MODIFICATIONS POLICIES AND REGULATIONS Title 2 (incorrectlv noted as 26) Boating Facilities: Boat Launches. Docks. Piers. Floats. Lifts. Marina. and Mooring Buoys Page 7-6 and 7-7. Section B Subsection l(vi) Priority Aquatic Reads "Mooring buoys are allowed subject to policies and regulations of this program," The Board agreed to change the language to read "Mooring buoys are allowed with a conditional administrative use permit, except when adjacent to high intensity it's allowed." Additionally, the use table will be changed to reflect this language. Page 2 Commissioners Meeting Minutes: Week of September 23, 2009 ~rn~~TI ~ ~ Subsection 4(v) Conservancy/Subsection S(v) Shoreline Residential Both subsections read "Mooring buoys are allowed subject to policies and regulations oftbis program." The Board agreed to change the language to read "Mooring buoys are allowed with a conditionallldministrative use permit" The use table will also be changed to reflect this language, Faee 7-18. Section H Subsection 1 The Board agreed to add the words "Co=ercial and recreational" to the beginning of the sentence so it will read "Co=ercial and recreational mooring buoys may be permitted provided that they are consistent with the program and that individually or cumulatively: ,.." Subsection 2 Reads "The installation and use of mooring buoys in marine waters shall be consistent with all applicable state laws, including State Department of Natural Resources, Health, and Fish and Wildlife standards." The Board agreed to add the following language after the words mooring buoys: "(including co=ercial and recreational buoys)." Title 4 (incorrectlv noted as 28) Filline and Excavation Faee 7-26 and 7-27. Section C Subsection 2 (jj) Reads "Placed landward of the OHWM except for weirs and current deflectors whose primary purpose is to protect public bridges and roads: and ..," The Board agreed with DCD's reco=endation to change this section to read "Placed landward of the OHWM except for weirs, current deflectors and similar structures whose primary purpose is to protect public bridges and roads; and ..." Subsection 3 Reads "When permitted, dikes and levees shall be limited to that height required to protect adjacent lands from the predictable annual flood unless it can be demonstrated through hydraulic modeling that a larger height will not adversely impact shoreline ecological functions and processes." The Board agreed with DCD's reco=endation to change this section to read "When permitted, dikes and levees shall be limited to that height required to protect adjacent lands from the predictable annual flood unless it can be demonstrated through hydraulic modeling that a greater height is needed and will not adversely impact shoreline ecological functions and processes," Subsection 4 Reads "Flood control works are prohibited on estuarine shores, on point and channel bars, and in salmon and trout spawning areas, except for the purpose of fish or wildlife habitat enhancement or restoration," The Board agreed with DCD's reco=endation to change this section to read "Flood control works are prohibited on estuary or embayment shores, on point and channel bars, and in salmon and trout spawning areas, except for the purpose of fish or wildlife habitat enhancement or restorntion." Title 7 (incorrectlv noted as 31) Structural Shoreline Annorine and Shoreline Stabilization Faee 7-31. Section A Subsection 1 The Board agreed with DCD's reco=endation to replace the word "unaltered" with the word "unarmored," Page 3 Commissioners Meeting Minutes: Week of September 23, 2009 WJrnffi~~ e.., ~ -~r<'O Pae:e 7-32. Section B Subsection 4 Based on a recommendation by Public Works staff the Board agreed to add following language to the last sentence of this section so it will read "New structural shoreline armoring is prohibited, except to protect existing public transportation infrastructure and essential public facilities, in which case it may be allowed as a conditional use," ARTICLE 8 - USE-SPECIFIC POLICIES AND REGULATIONS Pae:e 8-1. Title 1 Ae:riculture The Board agreed with DCD's recommendation to move the following language to Section A(I) "Agriculture is important to the long term economic viability of Jefferson County, Consistent with WAC 173-26-241 (3Xa)(ii), this program should not modify or limit ongoing agriculture activities occurring on agriculture lands," Pae:e 8-2. Section C (incorrectlv noted as E) Ree:ulations Subsection 1 Reads "In accordance with RCW 90.58.065, this program shall not restrict agriculture on existing agricultural land." DCD's recommendation is to delete the word "existing" from its current placement and add the word "existing" between the words "restrict" and "agriculture." Consultant Margaret Clancy stated that the word "existing" should be in both places to be consistent with the wording from the governing RCW. The Board agreed to leave the word "existing" in the sentence as it currently reads and to add another word "existing" between the words "restrict" and "agriculture" to be consistent with State law. Subsection 2(iiI1 The Board agreed to delete the language "as specified in Article 6 section I" from the end of the last sentence. Pae:es 8-3 throue:h 8-9. Title 2 (incorrectlv noted as 33) Aauaenlture The Board agreed with DCD's recommendation to move the following language to Section A(l) "Aquaculture is a preferred, water dependent use of regional and statewide interest that is important to the long-term economic viability, cultural heritage and environmental health of Jefferson County." Section A Subsection 1 (See above for added language.) Subsection 2 The Board agreed with DCD's recommendation to delete the first sentence of this section which reads "The County should support aquaculture use and development on tidelands when they are consistent with this program," Additionally, the Board agreed to add the following language to end of the sentence in subsection 2(iv) "such as those resulting from in-water structures/apparatus/equipment, land- based facilities and substrate disturbance/modification (including rate, frequency and spatial extent)," Subsection 4 The first sentence in this section reads "Aquaculture use and development should locate in areas where biophysical conditions, such as tidal currents, water temperature and depth, will m;n;mi7.c Page 4 Commissioners Meeting Minutes: Week of September 23,2009 ~rn~~TI ..'.....~ ~ -",!W environmental impacts," The Board agreed with DCD's recommendation to add the word "adverse" between the words "minimh,e" and "environmental", Subsection 5 The Board discussed the possibility of adding this proposed new section, but decided the following language will be added to section 2(iv): "Aquaculture uses and developments that have minim,,] adverse environmental and visual impacts should be preferred over aquaculture that has more extensive impacts, in the following order: i. Projects that require ",inim,,] in-water structures/apparatus/equipment should be preferred over projects that involve substantial in-water structures/apparatus/equipment; and ii) Projects that require few land-based facilities should be preferred over those which require extensive land facilities; and iii. Projects that involve minimal substrate disturbance or modification should be preferred over those which involve extensive substrate disturbance or modification." Subsection 5 (nreviouslv 6) Reads "Tidelands and bed1ands that were acquired and retained under the Bush and Callow Acts should be protected by not permitting non-aquaculture use and development on these tidelands." The Board agreed with DCD's recommendation to change this section to read "The County should support tideland aquaculture use and development when consistent with this program and protect tidelands and bedlands that were acquired and retained under the Bush and Callow Acts by not permitting non-aquaculture use and development on these tidelands," Subsection 8 ((Ireviously 9) Reads "Experimental forms of aquaculture involving the use of new species, new growing methods or new harvesting techniques should be allowed when they are consistent with applicable state and federal regulations and this program," The Board agreed to add "genetically modified organisms," before the words "new species" in this section. Subsection 11 (\lreviouslv 12) Reads "Chemicals, fertilizers, and genetically modified organisms should not be used in aquaculture operations in Jefferson County." The Board agreed to cbange the language to read "Chemicals and fertilizers in aquaculture operation should be used in accordance with state and federal laws and this program." Subsection 12 (nreviouslv 13) DCD's recommends adcling this section which reads "Net pens, as defined in Article 2, and finfish aquaculture that uses or releases herbicides, pesticides, antibiotics, fertilizers, pharmaceuticals, non-indigenous species, parasites, genetically modified organisms, feed or other materials know to be harmful into surrounding waters are prohibited," The Board agreed to change the language recommended by DCD to read "Net pens, as described in Article 2, should not be allowed," The Board also agreed to add a new subsection 14 (now 13) which will read "Finfish aquaculture that uses or releases herbicides, pesticides, fertilizers, antibiotics, pharmaceuticals, non-indigenous species, parasites, genetically modified organisms or feed into surrounding waters should not be allowed." Section B DCD recommends adding a new Section B which reads "Uses and Activities Prohibited Outright" and a new subsection 1 which reads "Net pens, as defined in Article 2, and finfish aquaculture that use or release herbicides, pesticides, antibiotics, fertilizers, non-indigenous species, parasites, pharmaceuticals, genetically modified organisms, feed or other materials known to be harmful into surrounding waters are prohibited," The Board agreed to make changes to the proposed language in subsection 1 and also to add subsection 2. They will read as follows: Subsection 1 ''Net pens are prohibited,", and Subsection 2 "Finfish Page 5 Commissioners Meetin Minutes: Week of S tember 23 2009 ~ ~' ~.~....~ " aquaculture that uses or releases herbicides, pesticides, fertilizers, antibiotics, pharmaceuticals, non- indigenous species, parasites, genetically modified organisms or feed into surrounding waters is prohibited," Section C (previouslv B) Subsection 1 Reads "Priority Aquatic: Bottom and floating/handing aquaculture, molluscan shellfish nurseries, and molluscan shellfish hatcheries may be allowed subject to the use and development regulations of the adjacent upland shoreline environment. Net pen aquaculture is prohibited," DCD recommends deleting the words "molluscan shellfish nurseries, and molluscan shel1fish hatcheries" from the first sentence and deleting the last sentence in its entirety. The Board agreed to change the language to read "Priority Aquatic: Aquaculture activities may be allowed subject to the use and development regulations of the adjacent upland shoreline environment." Subsection 2 Reads "Aquatic: Bottom and floatinglhanging aquaculture, molluscan shellfish nurseries, and molluscan shellfish hatcheries may be allowed subject to the use and development regulations of the adjacent upland shoreline environment. Net pen aquaculture may be allowed with a conditional use permit subject to the use and development regulations of the adjacent upland shoreline environment." DCD reco=ends deleting the words "molluscan shellfish nurseries, and molluscan shellfish hatcheries from the first sentence and deleting the last sentence in its entirety, The Board agreed to change the language to read "Aquatic: Aquaculture activities may be allowed subject to the use and development regulations of the adjacent upland shoreline environment." Subsection 3 Reads "Natura1: Bottom and floating!hanging aquaculture and molluscan shellfish nurseries may be allowed subject to policies and regulations of this program, Fish incubators and nurseries may be allowed with a conditional use permit and subject to the policies and regulations of this program, Net pen aquaculture is prohibited." DCD recommends changing the language to read "Natura1: Bottom aquaculture, except for geoduck aquaculture, and floating/hanging aquaculture may be allowed subject to policies and regulations of this program, Geoduck aquaculture may be allowed with a conditional use permit." The Board agreed to change the language to read "Natural: Aquaculture activities, except geoduck aquaculture, may be allowed subject to the policies and regulations of this program. Geoduck aquaculture may be allowed with a conditional use permit (C(d))." Subsection 4 Reads "Conservancy: Bottom and floating/hanging aquaculture, molluscan shellfish nurseries, and molluscan shellfish hatcheries may be allowed subject to policies and regulations of this program, Net pen aquaculture may be allowed with a conditional use permit subject to the use and development regulations of the adjacent upland shoreline environment. Fish hatcheries, incubators and nurseries may be allowed with a conditional use permit subject to the policies and regulations of this program," DCD recommends changing the language to read "Conservancy: Bottom aquaculture, except for geoduck aquaculture, and floating/hanging aquaculture may be allowed subject to policies and regulations of this program, Geoduck aquaculture may be allowed with a conditional use permit," The Board agreed to change the language to read "Conservancy: Aquaculture activities, except geoduck aquaculture, may be allowed subject to the policies and regulation of this program, Geoduck aquaculture may be allowed with a conditional use permit (C(d))," Page 6 Commissioners Meeting Minutes: Week of September 23, 2009 ~~m~TI f)"".. ~. ....., ~ " Subsection 5 Reads "Shoreline Residential: Bottom and floating/hanging aquaculture, molluscan shellfish nurseries, and molluscan shellfish hatcheries may be allowed subject to a conditional use permit. Net pen aquaculture may be allowed with a conditional use permit subject to the use and development regulations of the adjacent upland shoreline environment. Fish hatcheries, incubators and nurseries may be allowed with a conditional use permit subject to the policies and regulations of this program." DCD recommends changing the language to read "Shoreline Residential: Bottom and floatinglhanging aquaculture may be allowed subject to a conditional use permit and the policies and regulations of this program." The Board agreed to change the language to read "Shoreline Residential: Aquaculture activities, except geoduck aquaculture, may be allowed subject to the policies and regulations of this program, Geoduck aquaculture may be allowed with a conditional use permit (C(d))." Subsection 6 Reads "High Intensity: Bottom and floating /hanging aquaculture, molluscan shellfish nurseries, and molluscan shellfish hatcheries may be allowed subject to policies and regulations of this program, Net pen aquaculture may be allowed with a conditional use permit subject to the use and development regulations of the adjacent upland shoreline environment. Fish hatcheries, incubators and nurseries may be allowed with a conditional use permit subject to the policies and regulations of this program," DCD recommends changing the language to read "High Intensity: Bottom and floating/hanging aquaculture may be allowed subject to policies and regulations of this program.." The Board agreed to change the language to read "High Intensity: Aquaculture activities may be allowed subject to policies and regulations of this program," Section D (nreviously C) Subsection 1 The Board agreed with DCD's recommendation to delete this section which reads "Net pens, as defined in Article 2, and finfish aquaculture facilities that do not have the means to prevent the release of herbicides, pesticides, antibiotics, fertilizers, non-indigenous species, parasites, pharmaceuticals, genetically modified organisms or other materials known to be harmfuI are prohibited. A conditional use permit is required for all other net pen facilities," Subsection 4 DCD recommends adding this section which reads "Aquaculture use and development to be located landward of ordinary high water shall also comply with the Article 8.3 Commercial and Article 8.5 IndustriaIlPort provisions of this program, as well as other applicable requirements." After discussing whether or not this section is essential, the Board agreed to delete it. Subsection 4(ii) (nreviously 5(ii)) Reads "They involve the use of floating ropes, markers, barges, floats, or similar apparatus on a regular basis or in a manner that substantially obstructs public access, or passage from public facilities such as parks or boat ramps; or they exclude the public from more than one acre of surface water on an ongoing or permanent basis," The Board agreed to change the word "or" to the word "and" between the words "... regular basis" and "in a manner ..." Subsection 5 (l'reYiously 6) The Board agreed to change the first reference to "8,2,C.4" in this section to reference "8,2.D,3." Subsection 5ail (l'reviously 6(ii)) The first two sentences read "The County shall consider if proposed aquaculture facilities/farms are located to prevent negative effects on ecological functions and processes and Page 7 Commissioners Meetin Minutes: Week ofSe tember 23 2009 adjoining land uses, Specifically, net pen facilities shall not be located in migrntory corridors or near the mouth of salmon bearing streams," The Board agreed with DCD's recommendation to change these two sentences to read "The County shall consider the location of proposed aquaculture facilities/farms to prevent adverse cumulative effects on ecological functions and processes and adjoining land uses," Subsection 5(xii) (\lreviouslv 6(xii) The Board agreed to delete this section which reads "Structures, apparatus and equipment for aquaculture use and development shall be maintained in sound condition. Abandoned or unsafe structures, apparatus and equipment shall be removed by the owner/applicant/proponent in a timely manner," Subsection 6 (nreviouslv 7) Reads "Prior to issuing a permit for any proposed bottom culture or floating/hanging culture use or development, the County may require, but is not limited to, the following information:" DCD staff recommends adding language so it reads "Prior to issuing a p=it for any proposed bottom culture or floating/hanging culture use or development, the County may require copies of permits and/or studies required by state and federal agencies to eusure provisions of this program are met, including, but not limited to, the following information:" The Board agreed to accept DCD's proposed language and to change the words "copies of permits" to read "permit applications," Subsection 6(v) (previouslv 7) (incorrectly noted as vi) The Board agreed with DCD's recommendation to add this section which reads "Potential impacts to AnimAls, plants, and water quality due to the discharge of waste water from any upland development." Subsection 6(vi) (previouslv 7) (incorrectlv noted as vii) The Board agreed with DCD's recommendation to add this section which reads "Proof of application for an aquatic lands lease from the Washington State Department of Natural Resources (DNR) or proof oflcase or ownership ifbedlands are privately held," Subsection 6(vii) (nreviously 7) (incorrectlv noted as viii) The Board agreed with DCD's recommendation to add this section which reads "Department of Health (DOH) Shellfish Certification Number." Subsection 6(viii) (nreviouslv 71 (incorrectlv noted as ix) The Board agreed with DCD's recommendation to add this section which reads "Department of Fish and Wildlife (DFW) commercial aquatic farm or non- commercial, personal consumption designation." Subsection 6(ix) (nreviously 7) (incorrectly noted as x) The Board agreed with DCD's recommendation to add this section which reads "Proof of application for any permits required by the U,S. Army Corps of Engineers, Department of Health, or other agency." Pal!e 8-12. Title 3 (incorrectly noted as 34) Commercial Section F (incorrectly noted as J). Subsection 5 The Board agreed with DCD's recommendation to add this section which reads "Existing non-water dependent and non-water related commercial use or development on shorelines that conform to this program may be permitted to expand landward, but not waterward of existing structures provided the expansion otherwise conforms to this program." Page 8 Commissioners Meeting Minutes: Week of September 23, 2009 ~rnIM~IT ~,. , .~.. Pal!e 8-12. Title 4 Forest Practices Section B (incorrectly noted as K). Subsection 1 The Board agreed with DCD's recommendation to add this new section which reads "Uses and Activities Prohibited Outright"and "}, Forest practices below ordinary high water mark on all shorelines are prohibited," Pal!es 8-14 throul!h 8-19. Title 5 Industrial and Port Develovment Section B Subsection 4 The first sentence of this section reads "Conservancy: Low intensity water-dependent and water-related industrial/port use and development may be allowed as a conditional use, subject to policies and regulations of this program," The Board agreed to add the word "Only" before the word "Low" at the beginning of this section, Subsection 5 The first sentence of this section reads "Shoreline Residential: Water-dependent and water- related industrial/port use and development may be allowed subject to policies and regulations of this program," The Board agreed to add the words "Only low intensity" before the word "Water-dependent" at the beginning of this section, Section C (incorrectlv noted as N) Subsection 1 Reads "Where industrial and port nse/development is allowed, it shall be located, designed, and constructed in a manner that m;n;m;7.es adverse impacts on the shoreline and shall include mitigation to ensure no net loss of shoreline ecological functions and processes." The Board agreed with DCD's recommendation to change this section to read "Where industrial and port use/development is allowed, it shall be located, designed, and constructed in a manner that m;n;m;7.es adverse impacts to shoreline resources and shall include mitigation to ensure no net loss of shoreline ecological functions and processes," Subsection 3 Reads "The County may require an acoustical study and mitigation as needed to address potential noise impacts." The Board agreed with DCD's recommendation to change this section to read "Industrial noise caused by volume, frequency, or rhythm shall be muflled or otherwise controlled, Tsunami, air raid and other public safety warning sirens are exempt from this requirement, No vibration shall be permitted that is discernable without instruments on any adjoining non-industrial/port property, The County may require an acoustical study, vibration assessment, and mitigation as needed to address potential noise or vibration impacts," Subsection 4 Reads "Industrial and port facilities shall minimi7:e direct or reflected glare visible from adjacent properties, streets, or water areas." DCD recommends the language be changed to read "Industrial and port facilties shall minimize direct or reflected glare and noxious odors discernible without instruments from adjacent properties, streets, or water areas, The Board agreed to change this section to read "Industrial and port facilities shall comply with Olympic Region Clean Air Agency (ORCAA) standards." Subsection 5 Reads "Docks, piers, pilings and launching facilities may be permitted accessory to industrial and port development, provided that they serve a water-dependent or water-related use, and comply with Page 9 Commissioners Meetin Minutes: Week ofSe tember 23 2009 ~ o ill~~ Article 7 section I (Boating Facilities) of this program," The Board agreed with DCD's recommendation to change this section to read "Docks, piers, pilings and launching facilities accessory to industrial and port development may be permitted, provided that they serve a water-dependent or water-related use, and comply with Article 7 section 1 (Boating Facilities) or this program." Section E (incorrectly noted as P) Subsection 2 Reads "When permitted pursuant to 8.5,E,l, non-water-oriented uses shall provide public access and/or restore shoreline ecological functions as follows: i. The County shall determine the type and extent of public access and restoration on a case-by-case basis according to the opportunities and constraints provided by the site." The Board agreed with DCD's recommendation to change this section to read "When permitted pursuant to 8,5,E.1, non-water-oriented uses shall provide public access and/or restore shoreline ecological functions, The County sha1l determine the type and extent of public access and restoration on a case-by-case basis according to the opportunities and constraints provided by the site," Subsection 5 Reads "Existing non-water-dependent and non-water-related industrial/port development on shorelines may be permitted to expand landward of existing structures, Waterward expansion of existing non-water-dependent and non-water-related industrial and port development must comply fully with section 8,5,E," The Board agreed with DCD's recommendation to change this section to read "Existing non-water- dependent and non-water-related industrial/port development on shorelines that conforms to this program may be permitted to expand landward, but not waterward of existing structures provided the expansion provided the expansion otherwise conforms to this program." Section F (incorrectlv noted as Q) Subsection 1(iv) Reads "The storage does not create a significant impediment to navigation or substantially interfere with other water dependent uses; and", The Board agreed with DCD's recommendation to change this section to read "The storage does not create a impediment to navigation or interfere with other water dependent uses; and ..," Section G (incorrectlv noted as R) Subsection 2 Reads "Cleaning, surfacing or resurfacing operations occurring over water that may result in the entry of debris into water shall employ tarps temporarily affixed to the hull above the water line, Prior to removing the tarps, the accumulated contents shall be removed and properly disposed of," The Board agreed with DCD's recommendation to add the words "fully intact" before the word "tarps". Pae:es 8-19 throue:h 8-22. Title 6 (incorrectlv noted as 34) Mineral Extraction and Processine: The Board agreed with DCD's recommendation to change the title of this section from "Mineral Extraction and Processing" to "Mining," Section A Subsection 1 The Board agreed with DCD's recommendation to add this new section which reads "Mining, as defined in Article 2, should be located and conducted so as to provide long-term protection of water quality, fish and wildlife species and habitat, to cause the least amount of disruption to the natural shoreline Page 10 Commissioners Meeting Minutes: Week of September 23,2009 rnffi~~TI ~., '~ , ~: - character, resources and ecology, and to avoid net loss of ecological fimctions in accordance with this program and other applicable laws," Subsection 2 The Board agreed with DCD's recommendation to add this new section which reads "Mining should not be located and conducted where unavoidable adverse impacts to other uses or resources equal or outweigh the benefits from mining," Subsection 3 (previouslv 1) Reads "Mineral extraction and processing should not interfere with public access or recreation on the shoreline," The Board agreed with DCD's recommendation to change the words "Mineral extraction and processing" to "Mining," Subsection 4 (previouslv 2) The Board agreed with DCD's recommendation to delete this entire section which reads "Mineral extraction and processing should be located and operated so as to provide long-term protection of water quality, fish and wildlife species, and fish and wildlife habitat." Subsection 5 (previouslv 3. now 4) Reads "Mineral extraction and processing should only be permitted when the proponent provides appropriate studies and detailed operation plans demonstrating that:" The Board agreed with DCD's recommendation to change the language to read "Mining should only be permitted when the proponent provides appropriate studies and detailed operation plans demonstrating all of the following:..," Subsection 5mO (nreviouslv 3. now 4(iii)) Reads "The operation will provide all feasible measures to protect aquatic resources and anadromous fisheries from pollution related to mineral extraction and processing including, but not limited to: Sedimentation and siltation; chemical use and spillage, and storage of, disposal of wastes and spoils," The Board agreed with DCD's recommendation to change the language to read "The operation will provide all feasible measures to protect aquatic resources and anadromous fisheries from pollution related to mining including, but not limited to, sedimentation and siltation; chemical and petrochemical use and spillage, and storage or disposal of wastes and spoils," Subsection 6 (previouslv 4. now 5) The Board agreed with Dcn's recommendation to change the words "Mineral extraction and processing" to "Mining," Subsection 7 (nreviously 5. now 6) The Board agreed with DCn's recommendation to change the words "Mineral extraction and processing" to "Mining," Subsection 8 (1;lreviouslv 6. now 7) Reads "Prior to approving mineral extraction and processing activities in shoreline jurisdiction, the applicant/proponent must show that mineral extraction and processing use/development is dependent on a shoreline location, and that demand cannot reasonably be accommodated in operations outside shoreline jurisdiction," Dcn recommends the language be changed to read "Mining activities that require a location in shoreline jurisdiction should be preferred over those that can reasonably be accommodated outside shoreline jurisdiction." The Board agreed to delete this entire section, Section B. Subsection 1 and 2 DeD recommends adding this new section and subsections which read as follows: "Uses and Activities Prohibited Outright." and "1, The extraction of quarry rock, sand, gravel, cobbles or other minerals from any marine or freshwater lake shoreline for any commercial or industrial Page 11 Commissioners Meetin Minutes: Week ofSe tember 23 2009 purpose is prohibited." and "2. All mining use and development waterward of the ordinary high water mark on any stream/river shoreline is prohibited," The Board agreed to change subsection I to read "Commercial and industrial extraction and processing of quarry rock, sand, gravel, cobbles or other minerals along any marine or freshwater lake shoreline, or waterward of the ordinary high water mark on any stream/river shoreline are prohibited," The Board also agreed to delete subsection 2. Section C (previously B) Subsection 1 Reads "Priority Aquatic: Mineral extraction and processing use and development are prohibited," The Board agreed with DCD's recommendation to change the words "Mineral extraction and processing" to "Mining," Subsection 2 Reads "Aquatic: Mineral extraction and processing use and development may be allowed as a conditional use subject to the policies and regulations of this master program, subject to the use and development regulations of the abutting upland shoreline environment designation," DCD recommends the language be changed to read "Aquatic: Mining use and development, except extraction, along marine and lake shores may be allowed as a conditional use subject to the policies and regulations of this master program, su~ect to the use and development regulations of the abutting upland shoreline environment designation." The Board agreed to change the language to read "Aquatic: Mining use and development are prohibited," Subsection 3 Reads "Natural: Mineral extraction and processing use and development are prohibited." The Board agreed with DCD recommendation to change the words "Mineral extraction and processing" to "Mining." The Board also agreed to add language to the end of the section which reads "... except for transportation of minerals by road," Subsection 4 Reads "Conservancy: Mineral extraction and processing use and development may be allowed as a conditional use subject to the policies and regulations of this master program," DCD recommends changing the words "Mineral extraction and processing" to "Mining." The Board agreed with DCD's recommended language change and also agreed to add language to the end of the section which reads ".., except for transportation of minerals by road." Subsection 5 Reads "Shoreline Residential: Mineral extraction and processing use and development are prohibited." DCD recommends changing the words "Mineral extraction and processing" to "Mining," The Board agreed with DCD's recommended language change and also agreed to add language to the end of the section which reads "... except for transportation of minerals by road," Subsection 6 Reads "High Intensity: Mineral extraction and processing use and development may be allowed as a conditional use," The Board agreed with DCD's reconlm.endation to change the words "Mineral extraction and processing" to "Mining," Section D (previouslv Cl Subsection 1 The Board agreed with DCD's recommendation to delete this section which reads "The extraction of quarry rock, sand, gravel. and/or cobbles from any marine or freshwater lake shoreline for any commercial or industrial purpose is prohibited," Page 12 Commissioners Meetin Minutes: Week ofS tember 23 2009 ~ ill 1\\ ~ TIt) Subsection 2 The Board agreed with DCD's recommendation to delete this section which reads "Mineral extraction and processing within an active channel or waterward of the ordinary high water mark of a river are prohibited," Subsection 1 (J;lreviouslv 3) Reads "All mineral extraction activities shall be conducted to ensure compliance with the Washington State Surface Mining Act (RCW 78,44), with JCC Chapter 18,20.240 and with the no net loss provisions of this program." The Board agreed with DCD's recommendation to change the words "mineral extraction" to "mining" and to add references to JCC Chapters "18.30,70 and 18.40,73" after the reference to "18.20,240," Subsection 2 (previously 4) The first sentence of this section reads "The regulations contained in this section shall apply to the extraction, primary processing and transport of naturally occurring materials," The Board agreed with DCD's recommendation to change this sentence to read "As defined in Article 2, the regulations contained in this section shall apply to all mining operations, including the extraction, primary processing and transport of naturally occurring materials," Subsection 3 (New) DCD recommends this new section be added which reads "Prior to approving mining activities in shoreline jurisdiction, the applicant/proponent shall demonstrate that the mining use/development is dependent on a shoreline location, and that demand cannot reasonably be accommodated in operations outside shoreline jurisdiction," The Board agreed to delete this section. Subsection 4 (previously 5. now 3) Reads "No material or equipment shall be placed in water bodies, critical areas, or floodways and shall be stored so as to prevent erosion or seepage to surface and ground waters." The Board agreed with DCD's recommendation to add the words "(such as mining overburden, debris and tailings) after the words "No material," Subsection 5 (J;lreviouslv 6. now 4) The first sentence of this section reads "To minimi7.e noise and other adverse impacts, a buffer of at least one hundred (100) feet wide shall be maintained between any mining site, including accessory facilities, and adjacent properties not used for mining operations." The Board agreed with DCD's recommendation to add the words ", dust, vibration, glare" after the words "To minimize noise." Subsection 6 (previously 7. now 5) The last sentence of this section reads "Approved reclamation programs shall be initiated within sixty (60) days following the completion of the mineral extraction operations," The Board agreed with DCD's recommendation to add language to the end of the sentence which reads "... in consultation with Washington Department of Natural Resources," Pa~es 8-25 throul!h 8-29. Title 8 Residential Section A Subsection 3 The Board agreed with DCD's recommendation to add this new section which reads "All residential use and development should be properly managed to avoid damage to the shoreline environment and prevent cumulative impacts associated with shoreline armoring, overwater structures, stormwater runoff, septic system, introduction of pollutants, and vegetation clearing." Page 13 Commissioners Meetin Minutes: Week of Se tember 23 2009 t) ~ Subsection 4 The Board agreed with DCD's recommendation to add this new section which reads "New residential development should be limited to densities that are consistent with the Jefferson County Comprehensive Plan goals and policies, zoning restrictions, and this program, The density per acre of development should be appropriate to local natural and cultural features," Subsection 5 (previously 3) Reads "Clustering of dwelling units and accessory structure should be implemented to preserve natural features, m;n;m;7.e physical impacts and reduce utility and road construction and maintenance costs." The Board agreed with DCD's recommendation to change the language to read "Low impact development practices and clustering of dwelling units and accessory structures should be implemented as appropriate to preserve natural features, m;n;m;7e physical impacts and reduce utility and road construction and maintenance costs." Subsection 6 (previouslv 4) Reads ''New residential development should be planned and built in a manner that avoids the need for structural shore armoring and flood hazard reduction. The Board agreed with DCD's recommendation to add language to the end of the section which reads "in accordance with Article 7 section 5 (Flood Control Structures) and section 7 (Shoreline Stabilization) of this program and other applicable plans and laws." Section B The Board agreed with DCD's recommendation to add this new section which reads "B. Uses and Activities Prohibited Outright." The Board also agreed to add the proposed new subsections 1 through 4 which read as follows: "1. In-water, overwater or floating residences or accessory dwelling units, including structures located in or on marshes, bogs, swamps, lagoons, tidelands, ecologically sensitive areas or open water areas, are prohibited. 2. Residential development that can be reasonably expected to require structural shore armoring during the usefullife of the structure or within one hundred (100) years, whichever is greater, is prohibited, 3, Residential development within a channel migration zone or floodway that can be reasonably expected to require structural flood protection during the usefullife of the structure or within one hundred (100) years, whichever is greater, is prohibited, 4, Land division and boundary line adjustments in shoreline jurisdiction are prohibited when such actions will result in lot configurations that are likely to require: a. Significant vegetation removal; b, Structural shore armoring; c. Shoreline modification for erosion control; d, Flood hazard protection; e. or result in a net loss of shoreline ecological functions and processes at the time of development of the subdivision and/or during the useful life of the development or within one hundred (100) years, whichever is greater." Section C (previouslv B) Subsection 3 Reads ''Natural: Residential development consisting of one (1) single-family residence per existing legal lot of record may be allowed as a conditional use," The Board agreed with DCD's recommendation to add language to the end of this section which reads "Accessory dwelling units shall be prohibited." Section D (previouslv C) Subsection 2 The Board agreed with DCD's recommendation to delete this section which reads "The following types of residential development shall be prohibited: i. Residential structures located on marshes, bogs, swamps, lagoons, tidelands, ecologically sensitive areas or water areas subject to this master program; Page 14 Commissioners Meetin Minutes: Week ofS tember 23 2009 ~lli[UU~ ii. Residential structures located upon geologically hazardous areas or floodways; iii, Overwater or floating residential developments," Subsection 3 The Board agreed wiili DCD's recommendation to delete this section which reads "The following types ofland division shall be prohibited in shoreline jurisdiction: i. When structural shore annoring or flood hazard reduction would be required to create buildable land; or ii. When it is reasonably forseeable that future development would require structural shoreline annoring or flood control during ilie useful life ofilie development or one hundred (100) years, whichever is greater," Subsection 4 (now 2) Reads "The buffer requirements in Article 6 of this program apply to residences, except iliat docks, floats, and pedestrian beach access structures and oilier water-dependent and water- related structures accessory to residential use may be pennitted to encroach into ilie buffer in accordance wiili the applicable provisions of this program," The Board agreed with DCD's recommendation to add language after the words "..,apply to residences," which reads "normal apptJrtences, and accessory dwelling units." Subsection 5 The Board agreed with DCD's recommendation to delete this entire section which reads "Subdivision of property shall not be allowed in a configuration that will require significant vegetation removal or shoreline modification, or result in a net loss of shoreline ecological functions and processes at the time of development of the subdivision and/or use of each new parcel." Subsection 4 (new) DCD recommends adding this new section which reads "Proposals for multi-story residential development greater than thirty-five (35) feet above average greade must include an analysis of how ilie structure would impact the views of surrounding residents. If ilie proposed residence would block or significantly compromise the view of a substantial number of residences on adjoining areas, the County shall limit the height to thirty-five (35) feet, or require design revisions or relocation to prevent the loss of views to neighboring properties," The Board agreed to add ilie language recommended by DCD with ilie following change: The words "When zoning regulations allow" will be added to before ilie word "Proposals" at the beginning of this section, Subsection 5 (new) The Board agreed with DCD's recommendation to add this new section which reads "New multi-unit residential development, including subdivision of land into more than four (4) parcels, shall 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 incompatibility 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." Subsection 6 Reads "New or expanded subdivisions and planned unit developments comprised offour (4) or more lots or units shall provide public access to publicly owned shorelines or public water bodies unless:..," The Board agreed with DCD's recommendation to add language before the word "New" at ilie beginning of this section which reads "As per Article 6 of this program." Page 15 Commissioners Meetin Minutes: Week of S tember 23 2009 ~ n ffi~~ ~ Subsection 8 The Board agreed with DCD's recommendation to add this new section which reads "When required for multi-Iotlmulti-unit residential development, public access/open space shall 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 is infeasible for the reasons noted," Section E Subsection 1 Reads "Accessory dwelling units may be permitted when the primary residential use is allowed pursuant to, and only when, other provisions of this program are met In-water or overwater residences/dwelling units shall be prohibited," The Board agreed with DCD's recommendation to delete the last sentence which reads "In-water or overwater residences/dwelling units shall be prohibited." Subsection 3 The Board agreed with DCD's recommendation to add this new section which reads "A single water-dependent boathouse, as defined in Article 2, accessory to single family residential development may be allowed with a conditional use permit and in accordance with Article 6 section l.EA.iii and other provisions of this program," Pal!es 8-29 throul!b 8-31. Title 9 Silms Section A Subsection 6 The Board agreed with DCD's recommendation to delete the space between the words "view points" so that it reads as a single word "viewpoints," Pal!es 8-31 throul!h 8-35. Title 10 (incorrectlv noted as 36) Transportation Section A Subsection 11 Reads "Public transportation facilities should employ pervious materials and other appropriate low impact development techniques where soils and geologic conditions are suitable and where such measure could measurably reduce stormwater runoff," The Board agreed to delete the words "Public transportation" from the beginning of this section. Section B The Board agreed with DCD's recommendation to add this new section which reads "B. Uses and Activities Prohibited Outright." The Board also agreed to add the proposed new subsections 1 and 2 which read as follows: "1, Parking as a primary use shall be prohibited within shoreline jurisdiction. 2. Parking is prohibited on structures located in- or over-water," The Board will continue SMP deliberations on Monday, September 28, 2009 at 10:40 am, Page 16 Commissioners Meetin Minutes: Week of Se tember 23 2009 ~ ill ill ~ II i)," '\ -- .", ~'!<,,- NOTICE OF ADJOURNMENT: Commissioner Johnson moved to adjourn the meeting at 6:03 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, Commissioner Austin seconded the motion which carried by a nnanimous vote, MEETING ADJOURNED JEFFERSON COUNTY BOARD OF COMMISSIONERS SEAL: David Sullivan, Chair ATIEST: Phil Johnson, Member Erin Lundgren, Deputy Clerk of the Board John Austin, Member Page 17 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 11!I4J ff? MINUTES Special Meeting - October 1, 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. Shoreline Master Program (SMP) Deliberations: Planning Manager Stacie Hoskins and Long Range Planning Lead Michelle McConnell were present to assist the Board with deliberations on the Shoreline Master Program (SMP), Also present was Jefferson County Chief Civil Deputy Prosecutor David Alvarez and Washington State Department of Ecology representative Jeffree Stewart, Michelle McConnell presented an updated spreadsheet titled SMP Issues "Pick List" which reflects changes the Board has requested during their meetings held on September 2, 14,21,23 (Special Meeting), and 28, 2009. Staff will update this list with any changes the Board requests throughout the deliberations, The changes on the "Pick List" have not yet been incorporated into the SMP document. All the changes will be made at one time after the deliberations have been concluded and when clear direction to make the changes has been given by the Board. She also presented revised language for Non-conforming Development outlined in Article 10 and photographs of Anderson Lake, Marrowstone Point, and Termination Point to provide visuals for consideration of shoreline designations, The Board continued its review of the Planning Commission's proposed SMP draft with the line-in/line-out changes recommended by DCD staff as follows, APPENDIX A - OFFICIAL SHORELINE MAP , After reviewing the aerial photographs the BOard decided as follows: Anderson Lake: The Board agreed to designate the existing cleared area as "Conservancy" consistent with the parks map which designates the area as "Recreation," Termination Point: The Board agreed to redesignate a portion of Reach X from "Natural" to "Conservancy" from the end of the State Parks roadfparking area and extending around the comer past the Hood Canal Bridge to where the shore armoring ends. Marrowstone Point: The Board agreed to redesignate a portion of Reach MM from ''Natural'' to "Conservancy" from the white tower on the beach extending around the point to the parking lot. Page 1 Commissioners Meeting Minutes: Week of October 1,2009 ~rnm~TI ~ !I . ~ 0" ~; ARTICLE 2 - DEFINffiONS Pae:e 2-16. Section F(4) **"""Feeder bluff Reads "means any bluff or cliff experiencing periodic erosion from waves, sliding or slumping that, through natural transportation, contributes eroded earth, sand or gravel material via a driftway to an accretion shoreform, These natural sources of beach material are limited and vital for the long-term stability of driftways and accretion shoreforms (e,g., spits" bars, and hooks)." The Board agreed to change this definition to read "Means any bluff experiencing erosion from waves, sliding or slumping that, through natural transportation, contributes eroded earth, sand or gravel material via a driftway to an accretion shoreform," The four asterisks in the title will also be removed, The Board further agreed to add a definition for "Bluff' that reads "Means any coastal headl,md or hill with a broad steep face." Plll!:e 2-16. Section F(9)( e) Fish habitat Reads "Presence of riparian vegetation as defined in this Article, Riparian vegetation creates a transition zone, which provides shade, and food sources of aquatic and terres1ria1 insects for fish." The Board agreed to add the words "large woody debris," before the word "shade.'" Pae:e 2-17. Section F(1) Floatine: aauacultnre After discussing the aspects of floating aquaculture and hanging aquaculture, the Board agreed not to make any changes to this section which reads "means aquaculture systems that suspend aquatic organisms in the water column using buoys, rafts, docks, piers or other structure and that extend more than 3 feet from the bottom into the water column, Floating aquaculture is synonymous with hanging aquaculture." Pae:e 2-18. Section F(23) Function assessment or Functions and values assessment The Board agreed with DCD's reco=endation to add this definition which reads "means a set of procedures, applied by a qualified consultant, to identify the ecological fimctions being performed in a shoreline or critical area, usually by determining the presence of certain characteristics, and determining how well the area is performing those fimctions. Function assessments can be qualitative or quantitative and may consider social values potentially provided by an area. Function assessment methods must be consistent with best available science." Plll!:e 2-18. Section G The Board agreed with DCD's reco=endation to add the word "definitions" to this section title for the purpose of consistency. The Board agreed to add a definition for "Genetically Modified Organism" that reads "means a plant or animal that has had a gene or genes from a different species transferred into its genetic material using techniques of genetic engineering and where such introduced genes have been shown to produce a gene product (protein), Selective breeding, cross breeding and creation of polyploidy are specifically excluded from this definition as foreign gene materials are not introduced or engineered." Michelle McConnell expressed concern that the definition as worded may be limiting genetic modification to only organism~ that have had a gene added to it. She thinks that removing genes from an organism may Page 2 Commissioners Meeting Minutes: Week of October 1,2009 ~OOill~lf e' :t.~>. , , also be a consideration for genetic modification, Commissioner Sullivan replied that those kinds of things happen in nature all the time and they usually do not reproduce or survive, Michelle McConnell will look to see if there is a definition provided by the State. Pal!e 2-19. Section GllO) Groin The Board agreed with DCD's recommendation to add this definition which reads "means a wall-like structure extending on an angle waterward from the shore into the intertidal zone, Its purpose is to build or preserve an accretion shoreform or berm on its updrift side by trapping littoral drift. Groins are relatively narrow in width but vary greatly in length, Groins are sometimes built in series as a system, any may be permeable or impermeable, high or low, and fixed or adjustable," Jeffiee Stewart noted that this definition is limited to marine waters. Michelle McConnell suggested changing the first sentence to read "means a waIl-like structure extending on an angle waterward from the shore." The Board agreed to make that change, Pal!e 2-20. Section H The Board agreed with DCD's recommendation to add the word "definitions" to this section title for the purpose of consistency. Pal!e 2-20. Section H( 4) Hazard tree reads "means any tree with a high probability of falling due to a debilitating disease, a structural defect, a root ball more than fifty percent exposed, or having been exposed to windtbrow within the past ten years, To be considered hazardous, there must be a structure within a tree length of the base of the trunk, Where not immediately apparent to the Administrator, the hazard tree determination shall be made after review of a report prepared by an arborist or forester," DCD recommends changing the second sentence to read "To be considered hazardous, there must be a residence, residential appurtenance or residential accessory structure within a tree length of the base of the trunk," Commissioner Johnson noted that this definition only addresses hazards to structures and he asked about hazard trees along trails that may be hazardous to people, Commissioner Austin added that there are also hazardous trees in campgrounds that are manAged by the Park Service, Michelle McConnell agreed and stated that DCD's language addition may not be needed. DCD was directed to review the State DNR's definition of hazard tree. The Board agreed to change this section to read "means any tree that displays evidence of high probability of falling in the near future and presents a risk to persons or property." Where not immediately apparent to the Administrator, the hazard tree determination shall be made after review of a report prepared by a certified arborist," It will also be made part of regulation 4( viii) in Article 6, Title 4 Vegetation Conservation, Pal!e 2-21. Section I The Board agreed with DCD's recommendation to add the word "definitions" to this section title for the purpose of consistency. Pal!e 2-22. Section 1(7) *InfIItration The Board agreed with DCD's recommendation to add this definition which reads "means the downward entry of water into the immediate surface of soil." Pal!e 2-22. Section 1(9) ****Inner harbor line Reads "means a line located and established in navigable tidal waters between the line or ordinary high tide and the outer harbor line, and constituting the inner boundary of the harbor area." The Board agreed with DCD's recommendation to change this section to read Page 3 Commissioners Mee~ Minutes: Week of October I, 2009 ~illill~TI e..'.'. .,... ~~ "means a line located and established in navigable tidal waters between the line of ordinaIy high water and the outer harbor line, constituting the inner boundary of the harbor area. " Pa~e 2-23. Section 1(15) Invasive Soecies The Board agreed with DCD's recommendation to add a sentence at the end of this section which reads "Includes noxious weeds that, when established, are highly destructive, competitive, or difficult to control by cultural or chemical practices, as per RCW 17. I 0,0 I 0." Pae:e 2-23. Section J The Board agreed with DCD's recommendation to add the word "definitions" to this section title for the purpose of consistency. PlIl!:e 2-23. Section K The Board agreed with DeD's recommendation to add the word "definitions" to this section title for the purpose of consistency. PlIl!:e 2-23. Section L The Board agreed with DCD's recommendation to add the word "definitions" to this section title for the purpose of consistency, Pal!e 2-24. Section U8} Liberal construction Reads "means an interpretation that tends to effectuate the spirit and purpose of the writing. For purposes of this progmm, liberal construction means that the administrator shall interpret the regulatory language of this progmm in relation to the broad policy statement of RECW 90.58,020, and make determinations which are in keeping with those policies as enacted by the Washington State Legislature." J effree Stewart stated that this definition is lengthy, inexact and not particularly helpful, Liberal construction in the context of shoreline management refers to a specific statutory passage (RCW 90.58.900), yet there is no mention of this RCW in the definition. He suggested the definition be simplified. The Board agreed to change the language to read "means that the interpretation of this document shall not only be based on the actual words and phrases used in it, but also by taking its deemed or stated purpose into account." Page 2-24. Section L(l1) *Loe:l!ine: The Board agreed with DCD's recommendation to add language to the end of this definition which reads "See also Forest Practices," PlIl!:e 2-24. Section U13) *Lot Reads "means a designated tract, parcel or area ofland established by plat, subdivision. or as otherwise permitted by law, to be separately owned, and utilized. The area below the ordinaIy high water mark shall not be considered a part of the lot area." In the last sentence the Board agreed to change the word "shall" to the word "may" and add the words "for all purposes" so it will read "The area below the ordinaIy high water mark shall be considered a part of the lot area for all purposes," Pae:e 2-25. Section M The Board agreed with DCD's recommendation to add the word "definitions" to this section title for the purpose of consistency. Pal!e 2-25. Section M(4) *Master planned resort The Board agreed with DCD's recommendation to add "(MPR)" to the title of this definition, Page 4 Commissioners Mee~ Minutes: Week of October 1,2009 ~ill~~u ~ ~ The Board agreed with DCD's recommendation to delete the definition for "Mineral extraction" and "Mineral processing" and add a definition for "Minerals" and change the definition of "Mining" as follows: Pag:e 2-26. Section M(7) "Minerals means clay, coal, gravel, industrial minerals, metallic substances, peat, sand, stone, topsoil, and any other similar solid material or substance to be excavated from natural deposits on or in the earth for commercial, industrial, or construction use." Paee 2-26 throu2h 2-27. Section M(8) Minine Reads "See mineral extraction." DCD recommends changing this definition to read "8, Mining or Mining Operations means, in accordance with RCW 78.44,031, all mine-related activities, exclusive of reclamation, that include, but are not limited to activities that affect noise generation, air quality, surface and ground water quality, quantity, and flow, glare, pollution, traffic safety, ground vibrations, and/or significant or substantial impacts commonly regulated under land use provisions, Mining specifically includes: i. Extraction of rock, stone, gravel, sand, earth, and other minerals; ii, Blasting, equipment maintenance, sorting, crushing, and loading; iii, On-site mineral processing including asphalt or concrete batching, concrete recycling, and other aggregate recycling; and iv, Transporting minerals to and from the mine, on site road maintenance, maintenance of roads used extensively for surface mining activities, traffic safety, and traffic control." The Board previously agreed to change the language of section iv, noted above to read "All methods of transporting minerals to and from the mine (including conveyors, piers and barges), on site road maintenance, maintenance of roads nsed extensively for surface mining activities, traffic safety, and traffic control." The proposed definition further reads "Mining shall not include the following: i. Excavation and grading at building construction sites where such construction is authorized by a valid building permit; or ii. (incorrectly noted as v) Excavation and grading in public rights-of way for the purpose of on-site road construction, or in private rights-of-way for the same purpose if authorized by the County; or iii, (incorrectly noted as vi) Excavation and grading for the purpose of developing ponds or manure lagoons for agriculture purposes; or iv, (incorrectly noted as vii) Excavation and grading in counection with and at the site of any creek, river, or flood-control or storm drainage channel for the purpose of enlarging hydraulic capacity or changing the location or constructing a new channel or storm drain where such work has been approved by the County; or v. (incorrectly noted as viii) Excavation and grading where the excavated material will be used on the same property or on property contiguous to and under the same ownership as the excavation." PlIl!e 2-27. Section M(13) "'Mobile home The Board agreed with DCD's recommendation to add language to the end of this definition which reads "See also Manufactured Home in JCC 18.10." Paee 2-28. Section M(151 Monitorim. The Board agreed with DCD's recommendation to add this definition which reads "means evaluating the effects of a development action on the biological, hydrological, pedological, and geological elements of natural systems and/or assessing the performance of required mitigation measures through data collection, analysis and reporting," Paee 2-28. Section N The Board agreed with DCD's recommendation to add the word "definitions" to this section title for the purpose of consistency. Page 5 Commissioners Meeting Minutes: Week of October 1,2009 ~rnffi~IT ~ ~ Pav:e 2-28 and 2-29. Section N(4) No net loss CNNL) The Board agreed with DeD's recommendation to add the actual WAC section number referred to in this definition so it will read "means the maintenance of the aggregate total of the County shoreline ecological functions over time. The no net loss standard contained in WAC 173-26-186 requires that the impacts of shoreline use and/or development, whether permitted or exempt from permit requirements, be identified and mitigated such that there are no resulting adverse impacts on ecological functions or processes." Pa~ 2-29. Section 0 The Board agreed with DCD's recommendation to add the word "definitions" to this section title for the purpose of consistency, Pal!"e 2-30. Section 0(10) Ordinarv him water mark or OHWM The Board agreed to add the reference to "RCW 90.58" at the end of this definition. P~e 2-30. Section l' The Board agreed with DCD's recommendation to add the word "definitions" to this section title for the purpose of consistency, Pal!"e 2-30. Section Pin *Park The Board agreed with DCD's recommendation to add the word "for" after the word designated in this definition so it will read "means a tract of land designated for and used by the public for recreation." Pal!"e 2-33. Section 1'(29) Pruninl!" The Board agreed with DCD's recommendation to add this definition which reads "means the removal of any of a tree's living branches." PllI!e 2-33. Section 1'(30\ Public Access The Board agreed with DCD's recommendation to add a sentence to the end of this definition which reads "Public access is intended to connect people to public lands and waters, not to allow trespassing on private property," Michelle McConnell noted that a definition for "Public waters" with a reference to the relating RCW and WAC will be added once direction has been given by the Board. Pal!"e 2-34. Section 0 The Board agreed with DCD's recommendation to add the word "definitions" to this section title for the purpose of consistency, Pal!"e 2-34. Section R The Board agreed with DCD's recommendation to add the word "definitions" to this section title for the purpose of consistency, PllI!e 2-34. Section R(5) Reclamation The Board agreed with DCD's recommendation to add this definition which reads "means, in accordance with RCW 78.44,031, rehabilitation for the appropriate future use of disturbed areas resulting from surface mining," Pal!"e 2-34. Section R(8) Recreation. shoreline The Board agreed with DCD's recommendation to add this definition which reads "means an activity intended for personal enjoyment and leisure, Most shoreline recreation occurs outdoors and can be either passive (such as observation or recording activities such as photography, painting, bird watching, viewing of water conditions or shoreline features, nature study and Page 6 ~lli~WTI Commissioners Meeting Minutes: Week of October 1, 2009 .~...." ....':'t , related activities) or active (such as fishing, clamming, hunting, beach combing, rock climbing, boating, swimming, hiking, bicycling, horseback riding, camping, picnicking, and similar activities), Existing rules for health, safety and public conduct are not exempted by an action being deemed recreational," Palfe 2-35. Section R(20) Rinarian area The Board agreed with DCD's recommendation to change this definition title to read "Riparian corridor, zone or area." Patle 2-36. Section S The Board agreed with DCD's recommendation to add the word "definitions" to this section title for the purpose of consistency, Pa~e 2-36. Section S(2) "Salt-water intrusion The Board agreed with DCD's recommendation to change this definition title to read "Salt-water intrusion or seawater intrusion," Palle 2-37. Section S(9) Shellfish Reads "means invertebrate organisms of the phyla Arthropoda (class Crustacea), Mollnsca (class Pelecypoda) and Echinodermata." The Board agreed with DCD's recommendation to add language to the end of this definition which reads "Shellfish possess a full, partial or vestigial hard outer shell, carapace or exoskeleton. Examples include, but are not limited to, crabs and shrimp, clams, oysters, mnssels and other bivalves, snails, limpets, abalone and other single-shelled gastropods, and sea urchins, sea cucumbers, sea stars," Pa~e 2-37. Section S(12) """Shorelands or Shoreland areas The Board agreed to add the words "and perpendicular to" after the words "horizontal plane from" so it will read "means those lands extending landward for 200 feet in all directions as measured on a horizontal plane from and perpendicular to the ordinary high water mark;..." Pa~e 2-38. Section S(17) "Shoreline Manae:ement Act The Board agreed with DCD's recommendation to add "(SMA)" to the title of this definition, Pa~e 2-38. Section S(20) Shoreline Dermit The Board agreed with DCD's recommendation to add "(SSDP)" after the words "shoreline substantial development permit" in this definition, Pa~e 2-38. Section S(22) """"Shorelines ofstatewide si<mificance The Board agreed with DCD's recommendation to add "(SSWS)" to the title of this definition, Pa~e 2-39. Section S(24) Short "Qlat The Board agreed with DCD's recommendation to add this definition which reads "means a neat and accurate drawing of a short subdivision, prepared for filing for record with the County Auditor, and containing all elements and requirements set forth in Chapter 18,35 JCC," It was agreed to add an asterisk to the title because this is the same definition as the one in the UDC, Page 2-39. Section S(25) "Should The Board agreed to change the word "required" to the word "preferred." Since it was the same definition as found in W AC173.26,020 the Board agreed to delete the asterisks from the title. Page 7 ~rn~~lJ Commissioners Meeting Minutes: Week of October 1, 2009 e...\ :li: _0 ~- PaL!e 2-39. Section S(27) .Sil!D. commercial The Board agreed with DCD's recommendation to change the definition title to read "* Sign, commercial or industrial," Pa~e 2-39. Section S(28) Sil!D. private DCD recommended adding this definition. The Board agreed that this definition will not be added, Paee 2-41. Section S(41) Strict construction The Board agreed to add the words "as opposed to liberal construction," to the end of this definition. Pa~e 2-41. Section S(42) Structure The Board agreed to remove the words "mussel racks" from the second sentence. Paee 2-41. Section S(44) Substantial develollment The Board agreed to add the words "or as adjusted by WAC" after the parenthetical ($5,718), Paee 2-41. Section T The Board agreed with DCD's recommendation to add the word "definitions" to this section title for the purpose of consistency, Paee 2-42. Section T (4).(5) and (6) The Board agreed with nCD's recommendation to add the following three definitions: "***Tombolo means a causeway-like accretion spit connecting an offshore rock or island with the main shore, such as the formation that connects Hood Head to the southern shore of Paradise Bay, near the Hood Canal Bridge," "Topping means the removal of any part of a tree's main stem," "Trimming means the removal of living plant matter from any type of vegetation and includes limbing, thinning, shaping, tree pruning and topping," Plll!e 2-42. Section U The Board agreed with DCD's recommendation to add the word "definitions" to this section title for the purpose of consistency_ Paee 2-42. Section U(3)*Urban Growth Area The Board agreed with DCD's recommendation to add "(UGA)" to the definition title. Paee 2-42. Section V The Board agreed with DCD's recommendation to add the word "definitions" to this section title for the purpose of consistency, Paee 2-42 and 2-43. Section V(2).(3) & (4) The Board agreed with DCD's recommendation to add the following three definitions: Page 8 Commissioners Meeting Minutes: Week of October 1,2009 @mDJ~rr ~"" ~ . '~b'- "Vegetation means all live plant material, including native and non-native, woody and herbaceous, deciduous and evergreen, trees and understory groundcover, aquatic and terrestrial." "Vegetative debris means all dead and downed plant material, naturally expired or portions of a plant removed intentionally, such as by trimming, resulting from native and non-native, woody and herbaceous, deciduous and evergreen, trees and understory groundcover, aquatic and terrestrial source, Examples include, but are not limited to, leaves, needles, branches, limbs, annual herbaceous growth, and grass clippings, A standing tree snag is not considered vegetative debris for the purposes of this progtam," "Vegetation removal means physical extraction, including the whole plant plus its root structure, or trimming in excess of that which a plant can survive even though the root structure is left in place, or chemical expiration of plant material." Page 2-43. Section VC6l *Vicinitv The Board agreed to remove the word "generally" and to change the reference to "[Ord, 8-06 ~ 1]" so it references section 18,10.220 of the Jefferson County Code, Page 2-43. Section W The Board agreed with DCD's recommendation to add the word "definitions" to this section title for the purpose of consistency, Page 2-43. Section W(3l Water-deoendent use The Board agreed to add the words "shellfish aquaculture" to the second sentence so it will read "Ferry terminals, public fishing piers, marinas and shellfish aquaculture are examples of water -dependent uses," Since it was the same definition as found in RCW 90.58 the Board agreed to delete the asterisks from the title. ARTICLE 8 - USE-SPECIFIC POLICIES AND REGULATIONS Pae:es 8-29 throue:h 8-31. Title 9 Silms David Alvarez presented a paper dated September 30, 2009 that he prepared with information on a Kitsap County court case involving signs. He stated that section C.l in states that signs sball comply with Jefferson County Code (JCe) Chapter 18,30.150 which is the portion of the UDC that regulates signs. Currently, there is an injunction in place which prohibits the County from implementing JCC Chapter 18.30.150(2)(t) so therefore any problems with this section of the JCC are being inserted into the SMP, He provided a copy of this section which reads "(1) Prohibited Signs, The following signs are prohibited: ,..(t) Persoual signs on private property displaying personal messages such as "yard sale" or "no trespassing" or political messages not to exceed eight square feet;..." He also noted that JCe Chapter 1 8.30. 1 50(3)(h) already mentions seaward facing signs, Stacie Hoskins read that particular section of the JCC which reads "No signs other than those related to water-dependent uses such as a marina are permitted to face seaward, excepting signs relating to safety concerns such as cable crossing, construction dredging, fuel area, etc," So if it is water-dependent, a sign Page 9 Commissioners Meeting Minutes: Week of October 1, 2009 ~ 00 ~ ~ rr e can face the water, She suggested that language be added to the SMP which states that signs exempt from permit review in JCC Chapter18,30,150 are also exempt from permit review in the SMP, She added that this would include political signs of any size, David Alvarez noted that section C.8 makes a distinction between "commercial speech" and "non- commercial speech" which is why he prepared the information on the Kitsap County court case. Specifically, the case mentions "raincoats", but really they are big sandwich board signs worn by individuals on street comers to advise products, Kitsap County enforced their regulations which prohibits the use of those signs and a lawsuit was rued against the County, Eventually, the State Supreme Court concluded that the County should never have issued an infraction. Four Justices found Kitsap County's sign ordinance to be unconstitutional regulation of commercial speech, while four other Justices concluded the County sign ordinance passes constitutional muster. The text in section C,8 is exactly the same text that Kitsap County has in its zoning code, That doesn't mean that it's bad, because ouly four Justices rule the same. There was never a fifth vote to find it unconstitutionally vague, The court decision never reached the question of whether definitions of signs was vague, Instead, they used a 4-part test called "Central Hudson" described as follows: A four-part test determines whether commercial speech restrictions are permissable. Cent. Hudson, 447 V,S. at 557, 100 S, Ct,2343, The Central Hudson test asks (1) whether the speech concerns a lawful activity and is not mis- leading, (2) whether the government's interest is substantial, (3) whether the restriction directly and materially serves the asserted interest, and (4) whether the restriction is no more extensive than necessary, The party seeking to uphold a restriction on commercial speech carries the burden of justifying it, Thompson v, W, States Med. Ctr., 535 V.S, 357, 122 S,Ct, 1497, 152 L.Ed,2d 563 (2002); Ino Ino, 132 Wash.2d at 114, 937 P,2d 154. The first genera! rule is that commercial speech can be more highly regulated than other kinds of speech, The second rule is that you have to follow the Cental Hudson test based on a V.S. Supreme Court case called Metro Media vs, San Diego from 1981, This case concluded that commercial speech can be regulated in a more stringent way and it can be separated from non-commercial speech. The City of San Diego was able to show that it did create visual blight and it did create driver distraction. Those same public policies are not a basis here for the SMP, however, in terms of public policy we do have safety, aesthetics and enjoyment of the shorelines, In general, David Alvarez concluded that the Board should be aware of the Kitsap County case and the findings of the Justices, Chairman Sullivan stated that a concern was expressed regarding the ability to have signs on private property which read "No Trespassing" or "No Hunting," DCD staff confirmed that those signs are exempt from the JCC 18.30 and stated that there is nothing to prevent property owners from having those types of personal signs on their property. Section C (incorrectly noted as Fl. Subsection 1 The Board agreed to add language to the end of this section which reads "and exemptions therein, also apply to this program," Page 10 ~oomw~ Commissioners Meeting Minutes: Week of October 1, 2009 e~' ~ ~ ~, ~,~ The Board also agreed that DCD's recommended definition for "Sign, private" in Article 2, Definitions is unnecessary and will not be added, At the conclusion of the Board's review, DCD was directed by the Board to insure that the use table reflects the text. Commissioner Austin moved to direct DCD to make revisions to the Planning Commission's SMP draft to reflect the Board's changes and bring it back to the Board for fInal review and approval, Commissioner Johnson seconded the motion for discussion. The Board reviewed and agreed with DCD's recommended rewording of Article 10, Section 6, Subsection A. Non-conforming Development. Commissioner Johnson stated that he would like to see the program prohibit all finfish aquaculture, He feels this Country and this State allow chemicals to be used that other countries do not allow to be used, If a cOIporation goes to all the expense to put in an upland finfish operation, and they find they have to use antibiotics because they get infected, he feels and fears that the antibiotics would be allowed, Chairman Sullivan replied that he understands his fear, but the program prohibits many things that relate to finfish aquaculture including the use of many chemicals and antibiotics, Commissioner Austin stated that he doesn't want to penalize Jefferson County's aquaculture industry because of something that other organizations have done or failed to do, If there is an opportunity for the aquaculture industry to come up with a way of having finfish aquaculture that doesn't mess up the environment then he doesn't think the Board should discourage it, Chairman Sullivan stated that the window the Board is trying to leave open is for low-intensity, organic fish farms, Net pens are prohibited so there is no fear of finfish aquaculture occurring in netpens, Commissioner Johnson argued that half the fish consumed in the world is farmed, In most cases it is not healthy due to antibiotics used on the fish that are so powerful that they are breaking down the systems of the people who consume the seafood. If there are so many restrictions on fInfish aquaculture making it nearly impossible to raise finfish in upland tanks, why not just prohibit finfish aquaculture in upland tanks, Commissioner Austin replied that the population of the world is growing faster than the fish supply and we are running out of natural fish, One way to feed people with a relatively nutritious and protein laden food is to engage in healthy fish farming, It can be argued that not all fish farms create unhealthy or dangerous fish. Commissioner Johnson said the Board members do not have to agree on every issue, He will look into the matter further which can discussed again later prior to approval of the SMP, Chairman Sullivan called for a vote on the motion which carried unanimously, Page 11 Commissioners Meeting Minutes: Week of October 1,2009 @rn1}J~rr NOTICE OF ADJOURNMENT: Commissioner Austin moved to adjourn the meeting at 4:29 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, Commissioner Johnson seconded the motion which carried by a unanimous vote, MEETING ADJOURNED JEFFERSON COUNTY BOARD OF COMMISSIONERS SEAL: David Sullivan, Chair ATTEST: Phil Johnson, Member Erin Lundgren, Deputy Clerk of the Board John Austin, Member Page 12 District No.1 Commissioner: Phil Johnson DIstrict No.2 Commissioner: David W. Sullivan DIstrict No.3 Commissioner: Johu Austin County Administrator: Philip Morley /jjJ /Q) Clerk of the Board: Lorna Delaney I!!/ fI/} '41 'I! MINUTES Week of April 19, 2010 Chairman David Sullivan called the meeting to order 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 asked if the agreement for appraisal services for the Port Hadlock Urban Growth Area Sewer Project (consent agenda item #4) had gone through the proper bidding process? and stated that it should not be approved until it has; a citizen discussed the benefits of rum! and farm land; another citizen feels that the County is too dependent on grant funding and that something must be done to break the cycle of dependency; a citizen stated that he video records the Commissioner meetings, but he does not edit the videos; a citizen feels that the Commissioners need to apply rules fairly to all videographers; the citizen who video tapes the Commissioner meetings to be shown on PTIV said that he does so as part of a verbal contract to see if it is viable for the County to continue; a man feels that the reason the public video records the Commissioner meetings and posts them on the internet is because the County does not provide this service; a citizen said he is disgusted with the personal attacks that occur at these meetings and he thinks the Commissioners should discontinue holding the public comment period. APPROV ALAND ADOPTION OF THE CONSENT AGENDA: Commissioner Austin moved to approve the consent agenda as presented. Commissioner Johnson seconded the motion which carried by a lm,,"imous vote, 1. AGREEMENT re: Supply of Liquid Asphalt Products for Bituminous Surface Treatment (BST) Program; Jefferson County Public Works; Paramount Petroleum Corporation 2, AGREEMENT re: Emergency Repair and Permanent Restoration; Quinault South Shore Road Mile Post 1.14 to Mile Post 1.28, County Road No, X01848; Jefferson County Public Works; Washington State Department ofTransportation (DOT) 3, AGREEMENT re: Rural Arterial Program (RAP), Paradise Bay Road, Phase 2; Jefferson County Public Works; County Road Administration Board (CRAB) 4, AGREEMENT re: Appraisal Services, Port Hadlock - UGA Sewer Project; Jefferson County Public Works; Allen Brackett Shedd 5, AGREEMENT, Interlocal re: Accounting and Payroll Services; Jefferson County Auditor's Office; Jefferson County Library 6. AGREEMENTS (2) re: Change Order No.7 and 8 re: Jeffcom 911 Radio System Improvements; Jefferson County JeJ'fCom; Buchanan General Contracting Company 7, AGREEMENT, Amendment No.1, re: Family and Juvenile Court Improvement Plan; Jefferson County Juvenile Services; Susan Steiner Page I Commissioners Meeting Minutes: Week of April 19, 2010 M~U t)-,....'.'~ -~ '" 8, NOMINATION for County Engineer of the Year Award; Monte Reinders, Jefferson County Public Works Engineer 9, Payment of Jefferson County V ouchers/Warrants Dated April 12, 2010 Totaling $1,340,075.70 COMMISSIONERS BRIEFING SESSION: The Commissioners reviewed their meeting calendar for the upcoming week. County Administrator Philip Morley reported as follows: . The appmisal services for the Port Hadlock Urban Growth Area Sewer Project did go through a competitive request for qua1ifications process working off of a list from the State Department of Transportation, . A reception for Governor Gregoire will be held during her visit to Jefferson County on Thursday, April 22, 2010 at 2:00 p.m, at the Northwest Maritime Center. . The State Department of Ecology will be holding a public hearing on the locally adopted Jefferson County Shoreline Master Program on Tuesday, Apri120, 2010 at 7:00 p,m. at the Fort Worden Commons. There will be an open house at 5:00 p.m. prior to the hearing, . Within the next two weeks the Department of Community Development will be submitting the grant application to the U.S, Environmental Protection Agency (BPA) for funding to develop a Watershed Resource Center, The intent of the grant is not to regulate, but to provide guidance through complex regulations as a voluntary option for applicants. . The next Community Input Workshop is scheduled for 7:00 p.m. on Monday, Apri126, 2010 at the Marrowstone Island Garden Club. APPROVAL OF MINUTES: Commissioner Austin moved to approve the minutes of April 5 and 12, 2010 as presented. Commissioner Johnson seconded the motion which carried by a nnanimous vote, Letter of Support for County Engineer Monte Reinders Nomination for Engineer of the Year: Commissioner Johnson moved to send a letter to go along with the nomination of County Engineer Monte Reinders to be awarded Engineer of Year, Commissioner Austin seconded the motion which carried by a nnan;mQUS vote, Discussion and Possible Approval re: AGREEMENT for Annual Revaluation Software; Jefferson County Treasurer; True Automation: Treasurer Judi Morris explained that the Board is being asked to approve an agreement for a new computer system for both the Treasurer's and Assessor's offices. The current vendor CompuTech has put the County on notice that they will no longer be supporting the computer system that is currently used. Further, the legislature has mandated that by the year 2014 all Counties must convert to an annual property revaluation cycle which is not supported by CompuTech's computer system. Jefferson County is currently on a four-year property revaluation cycle, After researching many new vendors and options it has been determined that the most appropriate option is to go with True Automation, This vendor is one of three that provide Assessor and Treasurer computer services to governments. It also appears that converting from CompuTech to True Automation will be the smoothest transition process. Page 2 Commissioners MeetinR Minutes: Week of April 19, 2010 \ID \t U-~ .... .... ~ . Assessor Jack Westennan stated that CompuTech will maintain the current system through 2012, but they will not do the conversion to an annual cycle. The majority of the Counties in Washington State that had CompuTech have converted to True Automation, including Clallam County, Although any conversion process is very difficult, the system offered by True Automation has some flexibility for the future, The CompuTech system has been reliable and worked very well for the County over the last 20+ years. It is a mainframe system and as such, it does not have quite the flexibility that some of the newer PC based systems have, Currently 11 counties have converted or will be converting to True Automation's system which has shown to be successful, Those counties include: Benton, Clallam, Clark, Columbia, Island, Pend Oreille, San Juan, Skagit, Snohomish, Wahkiakum and Whatcom. Treasurer Judi Morris stated that the cost of the software for the conversion is $413,381 ($213,418 for the Assessor's office and $199,963 for the Treasurer's office), Annual maintenance of the system is provided for both offices for an additional $64,600 per year, Utilizing the "Automated Real Estate Excise Tax" (AREET) grant program, the Treasurer's portion of the program costs in the amount of$71,000 will be reimbursed. There is also $122,313.19 in the Treasurer's AREET Technology Fund which has been saved for this process that can be used to cover the Treasurer's portion, She noted that when the legislature mandated the conversion to an annual property revaluation cycle they diverted the AREETtechnology fee to go into a different fund as of July 31, 2010 that will be used to reimburse counties for the annual property revaluation cycle conversion which may take a few years, Ultimately, Jefferson County will be reimbursed from the State for the initial costs of the annual conversion and then reimbursed on an ongoing formula basis to offset the annual maintenance fee that will go into effect once the system is fully implemented at the end of 2012 or the beginning of2013, While the State reimbursement for the annual conversion is paid from a fund that includes fees collected in all counties, the ongoing reimbursement to offset the annual maintenance fee of $64,400 will only come from fees collected in Jefferson County which may not even total $10,000. She reviewed the costs of the other two vendors and stated that Snohomish County is very dissatisfied with the customer service provided by one of the vendors which is why they are now converting to True Automation which has better customer service and support. The benefit of having a system that other Counties use is that a users group can be formed to work together to see that Washington State rules are included in the software to insure that any new phases and upgrades will meet the needs of the State and Jefferson County. Assessor Jack Westerman added that the State Department of Revenue (DOR) is already meeting with True Automation to discuss the needs that must be considered in doing program upgrades so the reports meet the standards required by DOR. Both Assessor Jack Westennan and Treasurer Judi Morris agree that the system offered by True Automation best meets the needs of the County and they recommend approving the agreement. Page 3 Commissioners Meetin Minutes: Week of A ri119, 2010 ~ ., Discussion ensued regarding the possibility of a short term loan from the Equipment Reserve and Revolving (ER&R) Fund to pay for the initial costs until the County is reimbursed through the grant process. It was noted that True Automation and the other two vendors do not offer systems for the other financial functions provided by the Treasurer's office relating to processing warrants and m',"~ging investments and debt. Therefore, there are unknown costs associated with implementing other financial system options and integrating them with other County systeJDS and programs that share data. After being informed about potential system options for the other financial functions, the Board agreed to postpone making a decision on the agreement until next week. COUNTY ADMINISTRATOR'S BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Commissioners: . Paradise Bay Drainfield . Schedule Coordination . Regional Coordination Update Shared economic development strategy Co=unity Development Block Grant (CDBG) Planning Only Grant application and joint application with the City of Port Townsend for inventory of property for affordable housing Shared Resource Conservation Manager Grant Broadband Inter-jurisdictional coordination on "Make Waves" pool proposal . Miscellaneous Topics Budget planning for 2012 and beyond Coordination with Jefferson Transit and other jurisdictions Quarterly meetings with elected officials and department heads NOTICE OF ADJOURNMENT: Commissioner Austin moved to adjourn the meeting at 3:36 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, Commissioner Johnson seconded the motion which carried by a IIn~nimous vote. MEETING ADJOURNED JEFFERSON COUNTY BOARD OF COMMISSIONERS SEAL: David Sullivan, Chair ATfEST: Phil Johnson, Member Erin Lundgren, Deputy Clerk of the Board John Austin, Member Page 4