PACKET: Commissioners Meeting at Mon, Sep 26, 09:00 AM

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Hood Canal Regional Pollution Identification and Correction (HCRPIC) Program Phase IV Extension

Topic Summary

Jefferson County Public Health (JCPH) requested and received approval for Amendment No. 3 to its professional services agreement with the Hood Canal Coordinating Council (HCCC) for Phase IV of the HCRPIC Program. The amendment extends the contract period by three months, from September 30, 2022, to December 31, 2022, primarily to ensure full utilization of funds and allow staff to attend the final project meeting. Additionally, the maximum reimbursement amount for onsite septic system maintenance rebates offered to homeowners has been increased due to rising costs.

Key Points

  • The HCRPIC Program is a collaborative effort involving Jefferson, Kitsap, Mason Counties, and the Port Gamble S’Klallam and Skokomish Tribes, aimed at reducing bacterial and nutrient loading in Hood Canal to improve and protect shellfish growing areas.
  • The amendment extends the performance period of the agreement from September 30, 2022, to December 31, 2022 (a three-month extension).
  • A specific deliverable, Task 3.3(c) (reporting rebates processed), had its due date changed from September 30, 2022, to December 31, 2022.
  • The maximum rebate voucher amount offered to homeowners for onsite septic system (OSS) inspections, pumping, and small repairs has increased from "$350 previously" to up to $500 per OSS.
  • The increase in the rebate maximum is attributed to increased costs of septic maintenance observed in the three participating counties.
  • The HCRPIC Phase 4 Workplan components include shoreline surveys, pollution hotspot investigation, updated GIS mapping of OSS, outreach to OSS property owners, OSS maintenance rebates, ambient stream water quality monitoring, and regional coordination.
  • JCPH's total project funding for Phase 4 remains $20,500, with assurance that ample funding remains for the remaining deliverables.

Financials

  • Total project compensation not to exceed: $20,500.
  • Funding sources: Environmental Protection Agency (EPA) through the Washington State Department of Health (DOH).
  • Jefferson County Budget Breakdown for the project:
  • Task 3.1 Program Coordination Subtotal: $12,932.63
    • Personnel: $8,928.91 (231 hours total across 7 staff roles)
    • Indirect Costs (44.84%): $4,003.72
  • Task 3.3 OSS Maintenance Rebates Subtotal: $7,531.68
    • OSS O&M Rebates (Other Costs): $5,200.00
    • Indirect Costs (44.84%): $2,331.68
  • Total Grant Grand Total: $20,464.31 (Compensation limited to $20,500).
  • Change in rebate cost: Maximum per homeowner rebate increased from $350 to $500, but the total project funding for these rebates remains at $5,200 ("no change to the project budget other than allowing a greater rebate amount, for the same total project funding of $20,500").

Alternatives

None specified.

Community Input

None specified.

Timeline

  • April 9, 2020: Original Agreement date.
  • May 3, 2021: Agreement Amendment No. 1 effective date.
  • December 21, 2021: Agreement Amendment No. 2 effective date.
  • September 30, 2022: Original Phase 4 contract end date (as of Amendment 2).
  • December 31, 2022: New Phase 4 contract end date, and due date for reporting OSS maintenance rebates.

Next Steps

The Board of County Commissioners is requested to approve Amendment No. 3 to the Professional Services Agreement.

Sources

  • Michael Dawson - Water Quality Manager, Jefferson County Public Health
  • Hood Canal Coordinating Council (HCCC)
  • Washington State Department of Health (DOH)
  • Environmental Protection Agency (EPA)
  • Veronica Shaw - Public Health Deputy Director
  • Philip C. Hunsucker - Chief Civil Deputy Prosecuting Attorney

Collective Bargaining Agreement (CBA) for Central Services Employees

Topic Summary

The Board considered approving a new Collective Bargaining Agreement (CBA) and Subscription Agreement with Teamsters Local No. 589 and the Washington Teamsters Welfare Trust for Jefferson County Central Services employees. The new CBA is retroactive from January 1, 2021, and extends through December 31, 2023. Key changes include retroactive wage increases for 2021, a restructure of the wage step table in 2022, and enhancements to vacation and longevity benefits.

Key Points

  • The agreement covers Jefferson County Central Services Employees represented by Teamsters Local No. 589.
  • Effective dates: January 1, 2021, through December 31, 2023.
  • The CBA was ratified by the employees represented by the Teamsters Union.
  • Wages (2021): A 9% general wage adjustment is applied retroactively to January 1, 2021, paid as a lump-sum retroactive pay agreement calculated from YTD Gross earnings preceding adoption.
  • Wages (2022): 0% general wage adjustment; the step system changes from 12 steps to 10 steps (dropping steps 1 and 2, adding a new step 12).
  • Employees at former steps 1 and 2 move to Step 3, increasing the entry rate.
  • Employees at step 3 or higher move up one step, and then an additional step on their next monthly step date (unless they are already at step 12).
  • This change affords employees access to a 2.5% higher top pay (step 12).
  • These compensation adjustments are retroactive to January 1, 2022.
  • Wages (2023): 0% general wage adjustment; wages remain at 2022 rates.
  • Health and Welfare (Article 15, 16): The County remains responsible for 85% of the required contribution for medical, dental, and vision benefits (Washington Teamsters Welfare Trust Plan B, Northwest Teamsters Dental Trust Plan B, Teamsters Vision Care Trust). Employees are responsible for 15%.
  • Longevity Pay (Article 11): The longevity pay system is updated effective January 1, 2022, with amounts based on years of employment: $600 (5 yrs), $1,000 (10 yrs), $1,400 (15 yrs), $1,800 (20 yrs), $2,200 (25 yrs). An additional $2,600 is added for 30 years of employment effective January 1, 2023.
  • Vacation (Article 14): One additional vacation day (8 hours or less based on FTE) is provided effective January 1, 2022. The maximum accrued vacation carryover increases from 10 days to 11 days (and from 17 days to 18 days for employer-required workload denial exceptions), effective upon adoption.

Financials

  • 9% general wage adjustment retroactive to January 1, 2021.
  • 2.5% increase to top wages in 2022 due to step table change (in addition to the 9% general wage increase implemented retroactively for 2021).
  • 0% general wage adjustment for 2022 and 2023.
  • Longevity pay rates increased (e.g., 5 years increases from $400 to $600 starting 1/1/2022).
  • Health contribution split: Employer pays 85%, Employee pays 15%.
  • Benefit rates (as per Subscription Agreement, effective January 2021):
  • Medical Plan B, Life/AD&D B ($15K Emp/$1.5K Dep), Weekly Time Loss A ($400), Disability Waivers, Vision EXT ($17.10): Total Monthly Rate $1310.20 + $4.40 + $18.00 + $11.40 + $17.10 = $1361.10 (plus Dental Plan B $87.50). Total Health/Welfare = $1448.60 (excluding Domestic Partners).

Alternatives

None specified.

Community Input

None specified.

Timeline

  • January 1, 2021: Effective date for 9% retroactive wage adjustment.
  • January 1, 2022: Effective date for step table adjustments, additional vacation day, and updated longevity pay schedule.
  • January 1, 2023: Effective date for 30-year longevity pay addition ($2,600).
  • December 31, 2023: Agreement termination date.
  • September 26, 2022: Date of Board consideration/adoption.

Next Steps

Approve and sign the Collective Bargaining Agreement and the Subscription Agreement.

Sources

  • Mark McCauley - Interim County Administrator
  • Sarah Melancon - Human Resources Director
  • Teamsters Local No. 589
  • Washington Teamsters Welfare Trust
  • Philip Hunsucker - Civil Deputy Prosecuting Attorney (approved as to form 9/21/2022)

Topic Summary

The Department of Community Development (DCD) presented proposed revisions to the Unified Development Code (Title 18 JCC), including adopting a new Chapter 18.12, to establish an administrative process for determining the legal status of lots (Lot of Record Ordinance) and introducing a new Site Development Review Process. The proposed ordinance is intended to comply with state law (RCW 58.17.210) regarding illegal subdivisions, regulate the development of substandard lots and "Old Plats" (created pre-August 11, 1969), and balance public health/environmental protection with reasonable economic use for property owners.

Key Points

  • The ordinance amends existing JCC Chapters 18.10 and 18.35, adopts new Chapter 18.12 (Legal Lot of Record Determination and Lot Consolidation), and adds a new Article VII to Chapter 18.40 (Site Development Review Process).
  • The intent is to establish standards for legal lot status determination and address the dense development potential in historic plats created before the 1969 state subdivision statute (RCW 58.17).
  • RCW 58.17.210 prohibits issuing development permits (building/septic) for illegally divided land unless the owner is an innocent purchaser for value.
  • Legal Lot Determination (JCC 18.12.010): A legal lot of record determination is an administrative (Type I) process, required prior to submitting any development application, including onsite septic permits.
  • Buildability: A lot can only be considered "buildable" if it is a legal lot of record and has specific "site development review approval" (JCC 18.40.440 et seq.).
  • Vesting: Neither the Legal Lot of Record determination nor the Site Development Review process creates vesting of development regulations; vesting only occurs upon submittal of a development permit application per JCC 18.40.320.
  • Aggregation Requirement (Substandard Lots): Owners of contiguous, substandard lots (lots that do not meet current zoning density) in plats created prior to August 11, 1969, and in single ownership, must aggregate (combine) them to meet current zoning and subdivision requirements if possible.
  • Exceptions to Density Requirements (JCC 18.12.070(4)): A substandard lot may be considered eligible for a development permit if it meets minimum land area requirements for septic as determined by Public Health and meets one of eight listed exceptions (e.g., lot platted post-1969, within a LAMIRD or UGA, or if 5 acres+ in rural district).
  • Reasonable Economic Use Exception (JCC 18.12.080): This is a Type II (administrative with notice) appeal process considered only if statutory exceptions (JCC 18.12.070) do not apply. The applicant must prove the proposed use is the minimum necessary and meets ten stringent criteria, including no adverse effect on public safety, neighbors' enjoyment, or environmental resources.
  • Plat-Wide Assessment (JCC 18.12.080(2)): An alternative Type II process allows for evaluation of an entire pre-1969 plat if lots cannot be developed individually. This requires demonstrating that development would not substantively alter rural character, would not impact forestry resources, and meets environmental and public service standards (transportation, health).
  • Exemptions (JCC 18.12.010(5)): Routine permits (mechanical, plumbing, re-roofing) and cell tower alterations are exempt from Legal Lot of Record determination. Emergency repairs are generally exempted but the director may require a determination after the fact.
  • Site Development Review (New Article VII, JCC 18.40): This Type I process provides a non-vesting assessment of site requirements and physical constraints to streamline later development permit application.

Financials

  • The ordinance requires the establishment of fees for the new Legal Lot of Record determination and Site Development Review processes (Fees shall be established in the Appendix Fee Schedule or fee resolution).
  • There is currently no expected fiscal impact resulting from the public hearing.

Alternatives

The Planning Commission recommended approval with minor modifications (text changes to definitions and correcting an application reference) and recommended continued public outreach. DCD Staff adopted these changes and added further administrative recommendations regarding: - Exempting permits necessary for emergency repair and public safety from initial determination. - Excluding minor permits (mechanical, plumbing, cell tower modifications) from the process. - Consideration of permitting history and legal nonconforming status for reasonable economic use provisions.

Community Input

  • Fifteen members of the public provided oral testimony at the hearing, including Allison Lewis, Tom Thiersch, Jim Fox, Terry Smith, Sally Ellis, Shellie Yarnell, Lizanne Coker, Susan Stoll, Kevin Coker, Frank Hoffman, Bob Heinith, George Yount (timestamp off), Amanda Grace, and Paula Mallory.
  • DCD conducted a community survey, receiving 113 responses to approximately 2,000 distributed surveys (5.65% response rate), to identify policy priorities.
  • Recurring concern highlighted in FAQ section: The ordinance should not unduly burden owners of single, substandard lots, but staff maintains that the review must apply to all lots to ensure development is occurring on legally created lots and meets environmental standards.
  • Concern was raised regarding the subjective nature of some Reasonable Economic Use criteria and the potential for neighbors to have a "veto right" (DCD staff response: neighbors do not have a veto right, Type II process allows for public comment to be considered).
  • Concern was raised that the definition of “Development” was expanded to include activities like vegetation removal, potentially requiring a county permit for simple recreation (DCD staff response: the ordinance only applies to "development" that requires a county permit, and the majority of forest practices are exempt from county permits).
  • A concern was raised that the new process adds layers of complication and cost, potentially taking weeks (DCD staff response: the process intends to move land use review to the beginning, which should make the subsequent development permit process faster overall by resolving constraints early).

Timeline

  • August 11, 1969: Date state subdivision statute (RCW 58.17) went into effect; basis for regulating "Old Plats."
  • August 24, 2022: Determination of Non-Significance (DNS) issued under SEPA.
  • September 15, 2022: Planning Commission approved the draft ordinance with modifications.
  • September 26, 2022: Public Hearing held by the BoCC.
  • October 4, 2022 (or other date): Proposed effective date (Section 7) to align with expiration of the current moratorium.

Next Steps

Chair Eisenhour closed the oral and written testimony portion of the hearing. Commissioner Brotherton was directed to work with DCD Director Butler and Planning Manager Peters on bringing forward a revised version of the ordinance next week that the Board can review and take action on. The Commissioners discussed possibly extending the moratorium or holding a new hearing.

Sources

  • Brent A. Butler, AICP - Community Development Director
  • Josh D. Peters, AICP - Community Development Planning Manager
  • Bryan Benjamin - Community Development Assistant Planner
  • Barbara Ehrlichman - Civil Deputy Prosecuting Attorney
  • Allison Lewis, Tom Thiersch, Jim Fox, Terry Smith, Sally Ellis, Shellie Yarnell, Lizanne Coker, Susan Stoll, Kevin Coker, Frank Hoffman, Bob Heinith, George Yount, Amanda Grace, Paula Mallory - Public Commentators
  • Jefferson County Planning Commission
  • RCW 58.17 (State subdivision code)
  • RCW 36.70A (Growth Management Act)
  • WAC 197-11-340(2) (SEPA finding)

Caswell-Brown Village Potential HUD Continuum of Care Program Funds

Topic Summary

The Board of County Commissioners reviewed and approved a draft letter detailing Jefferson County's financial commitment to Olympic Community Action Programs (OlyCAP), contingent upon OlyCAP being awarded HUD Continuum of Care Program Funds for the Caswell-Brown Village project. The commitment totals $1,500,000 in contributions over one year, covering land purchase and necessary infrastructure for a homeless shelter.

Key Points

  • Jefferson County Commissioners committed to providing contributions worth $1,500,000 to OlyCAP if the Caswell-Brown Village is awarded HUD Continuum of Care Program funds.
  • Contributions cover land purchase, infrastructure costs, and water/power/septic services.
  • The funds are designated to construct an open-air shelter with 40 spaces for homeless individuals/families.
  • The County agreed to lease the land and infrastructure with the 40 spaces for tiny shelters or RV/Trailer use to OlyCAP for serving homeless individuals/families.
  • The 12-month period for contribution use is stated to begin February 1, 2022, but the letter is dated September 22, 2022.

Financials

  • Total committed contribution amount: $1,500,000.
  • Contributions cover: Land purchase, infrastructure costs, water/power/septic.
  • Funding is conditional upon OlyCAP being awarded HUD Continuum of Care Program Funds.

Alternatives

None specified.

Community Input

None specified.

Timeline

  • February 1, 2022: Stated start date for the 12-month period during which contributions will be made available.
  • September 22, 2022: Draft letter date.

Next Steps

Commissioner Dean moved to approve the letter, as amended, and the motion carried unanimously.

Sources

  • Olympic Community Action Programs (OlyCAP)
  • HUD Continuum of Care Program Funds
  • Kate Dean, Heidi Eisenhour (Chair), Greg Brotherton - Jefferson County Commissioners (signatories on the commitment letter)

Parks, Recreation, Open Space and Trails (PROS) Plan Adoption Hearing Cancellation

Topic Summary

The scheduled public hearing for adopting the Jefferson County 2022 Parks, Recreation, Open Space and Trails (PROS) Plan was cancelled due to the hearing materials not being available via a link on the agenda. The Board agreed to reschedule the hearing to a future date to finalize the adoption of the plan, which is necessary for long-range planning and grant eligibility.

Key Points

  • The hearing was scheduled for September 26, 2022, at 10:30 a.m. but was cancelled because Commissioner Brotherton noted the agenda lacked a link to the hearing materials.
  • The 2022 PROS Plan had been formally recommended by the Jefferson County Parks and Recreation Advisory Board (JCPRAB) on August 4, 2022.
  • The PROS Plan is required for long-range planning under the Growth Management Act (GMA) and qualifies the County to apply for Recreation and Conservation Office (RCO) grants.
  • The plan is adopted by reference in the Jefferson County Comprehensive Plan.
  • JCPRAB's efforts included holding numerous public meetings, conducting annual park inspection tours (2015 to 2022), and creating a continuously updated ranked capital improvement plan.

Financials

  • The fiscal impact includes expense of staff time and advertising costs for the public hearing.
  • None specified.

Alternatives

None specified.

Community Input

The public hearing was cancelled, preventing final public comment prior to adoption, though preliminary public comment had been facilitated and utilized by JCPRAB.

Timeline

  • 2015 to 2022: JCPRAB created a continuously updated ranked capital improvement plan and conducted park inspection tours.
  • June 2015: Last updated Jefferson County Parks, Recreation and Trails Plan.
  • August 4, 2022: JCPRAB formally recommended the 2022 PROS Plan for adoption.
  • August 22, 2022: 2022 PROS Plan presented to the BoCC.
  • September 26, 2022: Scheduled but cancelled public hearing date.
  • October 10, 2022: Rescheduled proposed public hearing date, at 10:30 a.m.

Next Steps

The Board approved a Hearing Notice to reschedule the adoption hearing for the Jefferson County 2022 Parks, Recreation, Open Space and Trails Comprehensive Plan to October 10, 2022, at 10:30 a.m.

Sources

  • Monte Reinders, P.E. - Public Works Director/County Engineer
  • Matt Tyler - Project Manager (Department Contact)
  • Jefferson County Parks and Recreation Advisory Board (JCPRAB)
  • Mark McCauley - County Administrator
  • Greg Brotherton - Commissioner (Member of BOCC)

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