Loading...
HomeMy WebLinkAbout050911_cbs01 .I . . . , 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,,)) II) (', (<j / ,Z . ;;-, MINUTE S . fIZ' ;.1/ /,:;, Week of March 21, 2011 Q;J I/O; j' Chairman John Austin called the meeting to order at the appointed time in the presence of Commissioner David Sullivan and Commissioner Phil Johnson. PUBUC COMMENT PERIOD: The following comments were made by citizens in attendance at the meeting and reflect their personal opinions: . Quilcene Conversations' is a community effort to bring back Quilcene through a number of projects and the residents would like to stay in close communication with the County; . The shellfish aquacultore industry has carefully followed the draft SMP and there is language in several articles that need to be changed as suggested by DOE or removed altogether; . DCD staff is acting unilaterally making proposed language changes to the LASMP regarding shellfish aquaculture; . Finfish aquaculture is a vital industry in this State and needs to be invested in and approved. We learn from our past mistakes and finfish aquacultore can be allowed as a conditional use. This County needs jobs; . A proposed change to the County Code is on the agenda without a hearing of the Commissioners; . The Sportsman's Club application to add more shooting bays at their facility is being pushed through and there should be an assessment of the range before any permit is granted; . A suggestion was made that the people of Quilcene install signs leading people to logging roads that will take them around the Olympic Peninsula. Tonight is the maximum earthquake danger for the entire year because the moon is the closest it will be to the earth this year. COMMISSIONERS BRIEFING SESSION: The Commissioners each provided updates on the following items: Chairman Austin went to the West End last week and met with residents to discuss funding opportunities and efforts to keep the Hoh Road open. He will be meeting with the Port Gamble Tribe later this week to talk about DNR timber asset rnanaeement Commissioner Sullivan noted that the WRIA 17 Committee is now known as the East Jefferson Watershed Council. There is a watershed management bill in the Legislature that would provide funding to implement the plan. He has an 11 :30 a.m. conference call with the Executive Board of the RC&D today and federal budget implications will be discussed at the regular RC&D meeting on Thursday. Commissioner Johnson reported that he gave a presentation at the Heritage Caucus of the State Legislatore to advise them of the need for Building 202 at Fort Worden and the problems with the Courtho~ especially if there is an earthquake. He also testified at a hearing by the State Senate on the "Vessel of Opportunity" program. He has a draft of a new agreement for the Hood Canal Coordinating Council which hasn't been updated since the group was formed in 1986. This week he will be in Olympia for a day to attend a committee meeting for the Washington State Association of Counties. Page 1 . I;~ . '; ,Ii ~ :V, fir ,- " Commissioners Meetin Minutes: Week of March 21,2011 APPROV ALAND ADOPTION OF CONSENT AGENDA: Commissioner Sullivan moved to approval all of the items as presented. Commissioner Johnson seconded the motion which carried by a nnllnimous vote. 1. RESOLUTION NO. 11-11: Increasing Petty Cash in the Solid Waste Fund from $2,450.00 to $2,700.00 2. RESOLUTION NO. 12-11: Creating a County Project Designated as CR1886; Improving Safety on the County Road System 3. AGREEMENT: Local Agency Agreement and Federal Aid Project Prospectus, Run-Off-Road and Intersection Safety Project; Project No. CR1886; Funded 100% by Federal Highway Administration Funds; Jefferson County Public Works; Washington State Department of Transportation 4, AGREEMENT: 2011 Community Services Grant Funding; In the Amount of$12,500.00; Port Townsend Senior Association 5. AGREEMENT, Change Order No.1: Time Extension from March 23,2011 to June 20, 2011 and Change of Scope of Equipment and Services; JeOCom 911 Radio System Improvements; JeOCom; Day Wireless Systems 6. AGREEMENT, Intergovernmental: School Nurse Corps Program; In the Amount of$7,638.00; Jefferson County Public Health; Olympic Educational Service District No. 114 7. AGREEMENT, Amendment No.3: Community Information and Education Services; $1,500.00 Decrease for a New Total of $24,940.00; Jefferson County Public Health; ARC of Jefferson and Kitsap Counties 8. AGREEMENT NO. 14F-4130-0116, Appendix 'A': 2011 Funding Support for Extension Agent, 4-H Agent, 4-H Agent (After School Program), Water Quality Educator and Marine Resources Committee; In the Amount of $51,730.00; Jefferson County WSU Extension Office; Washington State University Extension, Office of Grant & Research Development 9. Advisory Board Appointment; Jefferson County Noxious Weed Control Board; To serve an unexpired four (4) year term expiring February 11,2012; Richard Hefley, Weed Board District No.3 Representative 10. Payment of Jefferson County VouchersIWarrants Dated March 14,2011 Totaling $602,790.52 AGREEMENT, Amendment: 2011 Regional Servicesfor Municipal (District) Court, Jail, Public Health and Animal Services; City of Port Townsend: County Administrator Philip Morley stated that this agreement is for Municipal (District) Court, Jail, Public Health and Animal Services. He then reviewed the amount for each service the County provides the City and the terms of the agreement. He expIainl;d the difference between the services provided by the City and the County and the regional services provided in this agreement. Commissioner Sullivan moved to approve the amendment to the regional services agreement as presented. Commissioner Johnson seconded the motion which carried .by a nnanimous vote. HEARING: Proposed Resolution Granting a Franchise to Install and Operate Ekctric Power Facilities in Eastern Jefferson County; Puget Sound Energy: Public Works Development Review Planning Project Coordinator, Jim Pearson, explained that this hearing is to take public testimony on a franchise for Puget Sound Energy to operate electrical tralJsmi..sion and distribution Page 2 .,r . . . . Commissioners Meeting Minutes: Week of March 21 , 2011 1,-' 11'; -.' " f L~I,.' !..,;;>', 0,~ t! - L a\ ~ facilities in County road rights-of-way. It establishes the terms and conditions of that use with a franchise term of 15 years and an option to renew it for 10 additional years. This franchise is similar to one that was done for Washington State Parks to operate their sewer effiuent line in Brinnon. Jim Pearson continued by noting that the PSE franchise is proposed for the eastern side of Jefferson County north of Mount Walker. The PUD has entered into an agreement with PSE to purchase their electric utility in Jefferson County and this franchise can be assigned to the PUD in the future. The assignment would take an action of the County Commissioners. PSE operations are regulated by the Washington State Utilities and Transportation Commission and by the tariffs they set. The PUD is not subject to UTC oversight or tariffs and that would have to be revised if the document is assigned to the PUD. Utilities in County rights-of-way are governed by Title 13.56 of the Jefferson County Code and this franchise references meeting the conditions of the Code. The Board is not being asked to take any action today. The public co=ent period is open until Friday, March 26, 20 11. Staff will summarize any co=ents received and bring them back to the Board to discuss, or if no co=ents are received they will send the Franchise to the Board for finaI action. Tom Brobst, Municipal Liaison Manager for Puget Sound Energy, reported that he has worked in Jefferson County for 23 years. He provided the Board a copy of the franchise briefing book which is an overview of the franchise. He appreciates Jefferson County's time and efforts to get to this point Jim Pearson explained that the issue of the proposal by Northwest Open Access Network (NoaNet) to bring broadband service into the County came up during negotiations with regard to how this franchise and PSE's facilities would acco=odate the NoaNet proposal. He noted that it is co=on for other utilities to co-locate lines on electric power transmission distribution facilities. This is typically done through ajoint facilities use agreement which allows the rental of these facilities. Section 13 of the franchise provides that PSE will allow the County to insta1I and maintain County owned co=unications equipment on their utility poles provided that the County's use of such facilities shaII be for non-co=ercial, municipal co=unications purposes. The County doesn't have to pay a fee for this. PSE is gaining a benefit from the County for use of the County's right-of-way. In discussion with PSE about NoaNet use of their facilities, PSE was not willing to allow NoaNet to use their facilities without a co-location agreement at a cost Commissioner Sullivan noted that because the franchise is non-exclusive other entities can use the County's right-of-way or partner with others to share cost Philip Morley added that the first phase of the broadbimd initiative with NoaNet under the federa1 grant is strictly for serving the public anchor institutions, however, as part of that grant there is a requirement that this will provide infrastructure that subsequently could be broadened to piggyback co=ercial use. Section 13 of this franchise agreement requires that the service has to be County owned and NoaNet is a coalition of public utilities and not County owned. Ultimately the broadband trunk-line will be used for not only government and non- co=ercia1 use but also co=erciaI use. It would have been nice to have this in place but it was not possible for this proposed franchise agreement. The Chairri1an opened the public hearing. Page 3 " Commissioners Meeting Minutes: Week of March 21,2011 c_ ;d t ,,!-;"\ LF._~ [:.!' I " J Tom TIriersch. Jefferson County, said that he is extremely disappointed in the inability to negotiate the broadband needs in this agreement. It is not speculative that the PSE poles will be taken over by the PUD, it is a matter of fact that it will happen. He doesn't understand why it isn't possible to put this into the agreement? Why isn't it possible to put a guarantee in this agreement that the broadband facilities for NoaNet will be carried at no additional cost to the rete payers. How is it going to be possible to differentiate when one bundle offiberoptic cable is running over this series of poles which part of that traffic is municipal and non-commercial as opposed to the part that is commercial? Public agencies will be in effect paying for the use of these poles. The fact that PSE is unwilling to budge on this and the fact that the County, who is basically holding all the cards on this franchise agreement, isn't able to get adequate provisions in the agreement is extremely disappointing. He doesn't understand how this can be allowed to happen. He snggested they go back to the bargaining table and get it done right before it is signed. What's the problem, what's the rush? Mike Belenski. Jefferson County, said that it's not the County's right-of-way it's the public's right-of- way. For example the right-of-way in front of his house was identified in the 1932 plat as dedicated to the public forever. That creates an easement across that 30 foot strip in front of his house and the neighbor across the street also gave up the same 30 foot strip so there is a 60 foot right-of-way for the passage of the public. There is a cloud against his title because he gmnted an easement to the County to use that 30 foot strip for a road. He agreed with Tom's (Thiersch) testimony. Increased mtes are in the future for people because ofwhat the County is doing. Hearing no further comment for or against the proposed franchise, the Chairman closed the oral testimony portion of the hearing and Jim Pearson reported that written testimony will be accepted by the Clerk of the Board of Commissioners until 4 p.rn. on Friday, March 25,2011. Commissioner Sullivan stated that this agreement has been expired for several years and asked why this has to be done? Why not wait until the PUD takes over? Jim Pearson explained that the PUD is purchasing PSE's facilities and on-going business. PSE doesn't currently have authority to opemte their business in Jefferson County. There isn't clarity about the terms and conditions about how they opemte. It's important as the PUD moves ahead to purchase PSE's facilities to have clarity for what they are purchasing and the terms and conditions for operation. He then explained that having this franchise in place is important to help the transfer move ahead and provides assurance to potential PUD bond holders. Philip Morley asked if this franchise would tmnsfer to the PUD or would they be required to enter a new franchise agreement, or is this something the PUD and the County could voluntarily enter into? Jim Pearson. advised that PSE can assign the franchise to the PUD, but it would take written authorization from the Board of Commissioners. He anticipates an application to tmusfer the franchise. There are some terms and conditions in the PSE franchise that would not apply or be appropriate for the PUD, so there would be a negotiation about those terms and conditions before the franchise came to the Board for approval. IfPSE did not want to asSign the franchise to the PUD, the PUD could make a separate application to the County because the franchise is non-exclusive. Tom Brobst clarified that the franchise is a contmct between the County and PSE. One of the important tarifi's established is Rate Schedule 74 for conversion of overhead facilities to underground. 11ris is a Page 4 . .; Commissioners Meeting Minutes: Week of March 21, 2011 Ji' t_: ~~ '- ~ u . shared cost between PSE and the government entity and is only available to cities and counties. PSE woUld fund this conversion at 60% and the County would pay 40% in addition to trenching and restoration. The contract between PSE and the County is the franchise and if that is not in place the County would not be eligible for that cost sharing. This is a benefit to Jefferson County to have the franchise in place and have the 60/40 split on these costs during the time it takes the PUD to complete the deal with PSE. DISCUSSION and POSSIBLE DIRECTION: Planning Commission RecommenthUion for MLA08-00257; Unified Deyelopment Code (UDC) Text A.mendmentof Sexually Oriented (Adult) Businesses: David Wayne Johnson, Associate Planner-Lead, explained that this is a recornmendation from the Planning Commission on proposed regulations for siting sexually oriented businesses within the County. The Planning Commission made a reco=endation on June 2, 2010 that included provisions for creating a new section of Chapter 5 of the Jefferson County Code for a business license. That reco=endation is problematic. The moratorium was renewed' for another 6 months to allow staff to look into ways to establish licensing for this type of business. The current moratorium expires May 9, 2011. The Planning Commission reconsidered their reco=endation on the licensing provision on February 2, 2011. They removed that provision from the reco=endation and voted to approve the proposed reco=endation. The Board can accept the Planning Commission reco=endation as presented or if not, the Board can hold its own public hearing. . Commissioner Sullivan asked if the Planning Commission reviewed the pros and cons of having this type of business localized in certain areas or dispersed through the County? David Wayne Johnson answered that the Planning Commission reviewed this the first time and determined.that these businesses need to be separate from one another to keep from establishing a defacto "red light" district. Having them separated defuses the cumulative impact of that use. The Planning Commission reco=endation is to have them separated. There are "sensitive" areas that they have to stay a specific distance from which is listed in Attachment 2. Philip Morley noted that previously this ordinance was proposed with licensing provisions and the Clerk of the Board of Commissioners was to be the administrator of the licensing and that was an imperfect fit from a City system to a County system which is what motivated the request for further thought and study by the Planning Commission. It was not necessarily the intent to have the licensing provisions removed. David Wayne Johnson pointed out that one issue is the fact that the County does not have business license provisions for any business and to establish themjust for one type of business didn't seem fair whij:h is why the Planning Commission revised their reco=endation. They felt that once the County decides to have business licenses for all businesses this could be reconsidered. The Planning Commission had quite a debate about this and why the County is even considering the regulation of this type of business. The discussion turned to whether the County could or could not establish a license for this type of business after an application is received from a sexually oriented business; and whether establishing the land use regulation without a business license would have the unintended consequence of encouraging such businesses to locate in the County. . Page 5 ... " Commissioners Meeting Minutes: Week of March 21,2011 ,I!i. I - ;" 0..::.' __ ~_.; u ,t lj David Wayne Johnson stated that he bad a discussion with the Sheriff who feels that the possibility of having a sexually oriented business established in Jefferson County is highly unlikely. A large population based is needed to make a business like that work. Stacie Hoskins reported that if the County imposed a business license requirement after a business was established the business would not be "grandfathered" from the license requirement. This is not a planning issue and there is no "vesting." David Wayne Johnson added that a business license ordinance would have to be separate from an ordinance for siting (land use) of this type of business. Stacie Hoskins reminded everyone that in order to trigger these regulations this would have to be more than 25% of their business. Anyone applying for the siting of this type of business has to go through a conditional use process which requires a public hearing before the Hearing Examiner, David Wayne Johnson added. David Sullivan explained that the development of this ordinance was triggered because the City of Port Townsend passed this type of regulation last year. In cities, the City Clerk administers licenses. David Alvarez advised that the City requires business licenses. Commissioner Johnson stated that he tends to agree with the Sheriff that there isn't enough population in this area for a business like this. The most likely type of such business would be a strip club. The discussion continued regarding the need for this type of regulation in this area Commissioner Johnson asked why the County doesn't have business licenses for all businesses? David Alvarez stated that the County doesn't have the legal authority to establish business licensing. Commis- sioner Johnson then asked if the County could establish a business license provision for a single type of business? Philip Morley clarified that the County may not have the authority for a generic business license, but a license could be established to recover the costs for this type of specific business. Chair- man Austin asked if it is legal and ethical to continue a moratorium as long as the Board is engaged in efforts to create the zoning and ifnecessary attendant regulations? He feels it would be in the County's best interest to have some regulations in effect before the moratorium is lifted. The Board concurred that they are not ready to act on this recommendation. Philip Morley suggested that this issue be the subject of a workshop with the Prosecuting Attorney, the Sheriff and the Board. DISCUSSION: Jefferson County Response to Department of Ecology on Changes to the Locally Approved Shoreline Master Program (LASMP) MLA08-475: Michelle McConnell, Asso- ciate Planner, explained that this discussion left off last week with a review of finfish aquaculture including net pens. Chief Civil Deputy Prosecuting Attorney David Alvarez handed out a document named "Appendix D Final Report" and an e-mail from Jeffrey Stewart, DOE, with additional guidance. DOE had a policy meeting and this e-mail outlines some of the conclusions that carne out of that meeting. A revised version of the County's response on items 13, 14, and 15 (matrix dated 3/21111) which is the aquaculture section of the LASMP was used for this review. Commil:sioner Sullivan thanked David Alvarez for providing the 1986 guidelines. David Alvarez ex- plained that what he has provided is Appendix D of the Brernerton SMP and it is missing pages. Michelle McConnell advised that the 1986 guidelines were to be interim until completion of the programmatic environmental impact statement (EIS.) The EIS has been completed, but a copy has not Page 6 .; . . . , Commissioners Meeting Minutes: Week of March 21, 2011 ji; , L I!,..~, ...: '-_ ..:....' _H, .' ( ;' f' U ~.~.., ~ been found yet. Commissioner Sullivan explained how he has used this information in his review and that he feels he has more homework to do before anything is decided. Some of the language in the Whatcom CoUnty SMP deals with aquaculture as a broad issue rather than finfish as a specific issue and there may be unintended consequences of doing that. Stacie Hoskins noted that in general when a change is made to a provision for a specific use the rest of the provisions for that use are affected. David Alvarez added that an attorney for the shellfish industry pointed out places where this. document gave her concern: Page 1, Definition of experimental aquaculture. Page 2, Number 8 - The last sentence added. Page 5, Number "xv" and all of "vi" and "vii." Page 7, Addition of the phrase "or upland aquaculture" in E.!. The shellfish industry position is that the shellfish portions of this document were hammered out through a very long and detailed process that they were willing to and gladly participated in. They came to a com-promise that they are happy with and therefore they are surprised that there were any changes that would effect that particular type of aquaCulture at this late date. Michelle McConnell pointed out that the DOE has not said that the County can't propose any changes outside what they listed as required or recommended. Some of the provisions added by the County from the Whatcom County SMP would be broadly applied not simply limited only to finfish aquaculture. Staff included certain provisions of the Whatcom County SMP which were not specific to finfish aquaculture because that is what the Board directed. Chairman Austin stated that the overall policy guidance from the Board is that they don't want any changes in the LASMP that will have a negative impact on shellfish aquaculture. The original LASMP provisions regarding shellfish were approved by DOE and were vetted by our local industry and the Board. If the Whatcom SMP deviates from that in such a way that it impacts our local shellfish aquaculture we don't want to follow the Whatcom SMP. Commissioner Johnson suggested that provisions from finfish and shellfish aquaculture be separated. Michelle McConnell noted that this draft does have subsection D that is regulations specific only to finfish. Commissioner Sullivan asked that staff provide the background information so they can read and digest it. He'd like the missing pages to the 1986 document, and the EIS document. He is interested in any unintended consequences that anyone sees. After they know what guidelines are out there, the Board can give guidance to staff. When the public hearing is held the public will provide feedback on anything that's missed, what they feel the regulations and guidelines should be and what they should be in Jefferson County. The real question is what should be put out for the public hearing? The discussion continued regarding the review of the guidelines, siting guidelines, commercial salmon netpen operations as opposed to other commercial netpen operations, and marine finfish aquaculture. Stacie Hoskins noted that the Board has requested information that may not be available today and even Page 7 .. " Commissioners Meeting Minutes: Week of March 21,2011 ,~ ' i ' , L..":__ -'__ '=' u' jJ if it is the Board will need time to review it so she asked if the Board wants to continue this review today? Chairman Austin suggested that the review continue in the afternoon for discussion of other areas of the document. The meeting was recess.ed at 11 :31 am. All three Commissioners were present when the meeting reconvened at 1 :32 p.m. DISCUSSION: Jefferson County Response to Department of Ecology on Changes to the Locally Approved Shoreline Master Program (LASMP) MLA08-475: County Anm;n;>ltrator Philip Morley advised that regarding finfish aquaculture, the Board has asked for a number of documents before they are ready to resume their review of those. sections. This afternoon's discussion is to review shellfish aquaculture provisions. ChairmanAustin stated there has been concern expressed by the shellfish industry about the definition of experimental aquaculture. The original definition in the LASMP was limited to new species. Michelle McConnell confirmed that the LASMP on page 2-14 does include a definition for experimental aqua- culture and it is limited to species that have not been previously cultivated. When staff made revisions to the proposed language to integrate the Whatcom County SMP provisions it seemed appropriate to change that definition so that it was consistent with the rest of the regulatory text. Chairman Austin asked if this term would be clear in Court? David Alvarez said that this definition allows a lot of discretion for the Administrator. There's not any way to clearly delineate what is experimental. Staff suggested that they continue to look to see if there is an existing statutory or WAC definition. The discussion continued about the difference between the previously approved definition and the suggested definition and how it would impact shellfish aquaculture which then led to discussion of how changes can be made to the LASMP if something is being changed that was previously approved by the County and the DOE and if wording isn't changed if it could be updated after the LASMP is adopted by DOE? Chairman Austin stated that he feels more material is being introduced that will be subject to legal challenges or at least may make it more of a hassle for the aquaculture industry if the last three para- graphs are included (page 5 on the 3/21/11 draft; xv, vi and vii). Michelle McConnell explained that those are General Regulations that apply to all types of aquaculture. On the next page, Section D only applies to finfish. Stacie Hoskins clarified that the text that applies to shellfish will be left as it is and text that appliesspecifica1ly to nnn"h will be placed in the "Finfish" section (Section D.) Chairman Austin suggested that on page 7, Section E.l regulations the upland aquaculture reference be deleted. That wasn't in the LASMP. Michelle McConnell explained that this text was added because without it that provision doesn't apply to upland. Upland aquaculture wasn't included originally in the LASMP bec.ause upland nnn"h aquaculture was prohibited therefore no provisions were needed. With Page 8 ,., . . . , Commissioners Meeting Minutes: Week of March 21,2011 ;'-.,..~- <..' L S)'.'" ..~ .'.."- ~ the wording as changed the County can require information from any aquaculture applicant regardless of the type of aquaculture, This information would assist in the application review and for a conditional use permit the information is helpful in devising conditions, This is information that would be provided from other agencies, The discussion then turned to what regulations (aquaculture or agriculture) would apply to upland aquaculture if the wording remains as changed. Chairman Austin reminded the Board members that if a hearing notice is going to be approved today it needs to be done to get it to the newspaper by the deadline, Stacie Hoskins advised that the DOE appreciates the work Jefferson County has been doing and they feel we're making progress. It's important that the process continue, that progress is made and that the Board is comfortable with the final version before setting a date of the public hearing. Staffwill continue to track down the requested . documents. COUNTY ADMINISTRATOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. . Calendar Coordination . Legislative Update . Continued Planning for 2011 . Miscellaneous Items . Future Agenda Items NOTICE OF ADJOURNMENT: Commissioner Sullivan moved to adjourn at 3:47 p.m. until the next regularly scheduled meeting or properly noticed special meeting. Commissioner Johnson seconded the motion which carried by a lmanimous vote. MEETING ADJOURNED JEFFERSON COUNTY BOARD OF COMMISSIONERS SEAL: John Austin, Chair ATI'EST: Phil Johnson, Member Lorna Delaney, CMC Clerk of the Board David Sullivan, Member Page 9 . > ( ~ ./ . . . 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 /1: i.rJ iT MINUTES Week of March 28, 2011 Chairman John Austin called the meeting to order at the appointed time in the presence of Commissioner David Sullivan and Commissioner Phil Johnson. PUBliC COMMENT PEIlIOD: The following comments were made by citizens in attendance at the meeting and reflect their personal opinions: . A neighbor of the Sportsmen's Club shooting range asked that the Board deny the Sportsmen's Club request to expand their site due to lead contllmination polluting the water and the possibility of increased noise; . A man stated that the Sportsmen's Club has been told by the EP A that there is no lead contamination of water from the shooting range. There is noise from other shooting that goes on in the Hidden Trails Gravel Pit which is blamed on the Sportsmen's Club; . The expansion of the Sportsmen's Club facility has been delayed because of complaints made by one citizen. There has been a barrage of innuendo about lead in the water caused by the shooting range that has not been proven and the person mllking the complaints should provide water samples from his well ifhe isconcemed; . The management of the Sportsmen's Club has taken soil samples and no lead contllminlltion has been found; . The Brinnon Chamber of Commerce and other community groups have been asking the County to issue an RFP for the operation of the Brinnon Motel; . Lead is virtually chemically inert and will not cause a problem; . The County needs to license businesses so that people that move in know what is located in the area before they move. There needs to be areas in the County designated for citizens to shoot guns; . There is an agreement for an outside person to take minutes for the Board of Health and the . County should go out and try to get a better price even though the bid process is not required. Why can't an existing staffperson do the minutes for the Board of Health? In December of2009 the County Administrator developed a new policy for the handling of the correspondence that was included in the public meeting packet and all letters sent to the JEFFBOCC e-mail address were to be included. There are letters of interest for people seeking to serve on Advisory Boards and these letters are not included which is wrong. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Conunissioner Sullivan moved to approval all of the items as presented. Commissioner Johnson seconded the motion which carried by a unanimous vote. . 1. BID CALL: Jefferson County Courthouse Roof Stabilization Project; Bids Accepted Until 9:30 a.m. and Opened and Read Publicly at 10:00 a.m.'on Monday, April 18, 2011 in the Page 1 Commissioners Meeting Minutes: Week of March 28,2011 ;, '! i:- \ Commissioners' Chamber (This item was cancelled after BOCC approval due to Lack of Funding per Gordon Ramstrom, Public Works) 2. AGREEMENT: H.J. Carroll Park Caretakers; Jefferson County Public Works; John and Mary Crooks 3. AGREEMENT: Oak Bay Road Culvert Sliplining, MP. 9.066, Project No. CR1843; In the Amount of $23 ,077.20; Jefferson County Public Works; Grecor Construction, LLC 4. AGREEMENT: Oak Bay Road Culvert Replacement, M.P. 8.947, Project No. CR1843; In the Amount of $50,610.94; Jefferson County Public Works; 2 Grade, LLC 5. AGREEMENT: Solid Waste Removal from Parcel #901 112013; In the Amount of $27,100.00; Jefferson County Public Health; Peninsula Auto Wrecking and Recycling 6. AGREEMENT NO. CI4950, Amendment No. 30: 2007-2011 Consolidated Contract; Additional Amount of$16,635.00 for a Total of$2,813,198.00; Jefferson County Public Health; W",,,hington State Department of Health 7. AGREEMENT NO. 07W4W A9500/U, Amendment No.2: Chimacum Creek Basin Goundwater; Time Extension to December 31, 2011; Jefferson County Public Health; US Department of the Interior, US Geological Survey 8. AGREEMENT NO. G0800230, Amendment No.3: Chimacum Creek Groundwater Study; Additional Amount of $4,850.00 for a Total of$256,085.00; Jefferson County Public Health; Washington State Department of Ecology 9. AGREEMENT, Amendment No.1: Discovery Bay Clean Water Project; Time Extension to December 31, 2011; Jefferson County Public Health; Jefferson County Conservation District 10. AGREEMENT, Amendment No.1: Chimacum Creek Clean Water Project; Time Extension to December 31, 2011; Jefferson County Public Health; Jefferson County Conservation District 11. AGREEMENT: 2011-2013 Preparation of Board ofHea1th Minutes; In the Amount of $2,500.00 per Year; Jefferson County Public Health; Stacie Reid 12. AGREEMENT: 2011 Community Services Grant Funding; In the Amount of $45,600; Jefferson County Conservation District 13. AGREEMENT: 2011 Community Services Grant Funding; In the Amount of $2,850.00; Gardiner Community Center Board 14. Digital Submittal Certification; Reports for 2010; Jefferson County Public Works; County Road Administration Board (CRAB) 15. Advisory Board Resignations (2): Conservation Futures Citizen Oversight Committee; 1) Barbara McColgan Pastore, City of Port Townsend Representative; and 2) Herb Beck, District #3 Representative 16. Advisory Board Appointment: Conservation Futures Citizen Oversight Committee; Four (4) Year Term Expires March 28,2015; Dr. Richard Jahnke 17. Advisory Board Appointment North Pacific Coast Marine Resources Committee (NPC MRC); , Two (2) Year Staggered Term; Chiggers Stokes 18. Payment of Jefferson County V oucherslWarrants Dated March 21, 2011 Totaling $277,915.79 19. Payment of Jefferson County Payroll Warrants Dated March 18, 2011 Totaling $87~848.25 and AlP Warrants Done by Payroll Dated March 18, 2011 Totaling $105,216.08 and Dated March 21, 2011 Totaling $17,267.93 Page 2 . . . ~:" ~ Commissioners Meeting Minutes: Week of March 28,2011 il\ ~ COMMISSIONERS BRIEFING SESSION: The Commissioners each provided updates on the following items: Chairman Austin reported that 2 homes constructed by Habitat for Humanity in Port Townsend were completed and turned over to the families yesterday. There was a large crowd at the Tsumani presentation over the weekend. Commissioner Sullivan noted that the East Jefferson Watershed Council is working to have the USGS make a presentation here. Commissioner Johnson said he attended the groundbreaking for the 4 new affordable housing projects. DISCUSSION AND POSSIBLE APPROVAL: Extend Housing Action Plan Network (HAPN) and Appoint Members: Stacie Hoskins, Planning Manager, Department of Community Development explained that the Housing Action Plan Network (HAPN) was established by a resolution of the County and the City in November 2006 and a work plan was also adopted in 2008 which says it will sunset in 2011. The County and City have representatives on the committee. The Committee met in February and recommend that the network be extended and that the committee membership be reviewed. Kathy Walker has taken DeForest Walker's position at OlyCap; Pam Teitz, Clal1am/Jefferson Housing Authority has taken David Rymph's place because the Clal1am and Jefferson Housing Authorities have been combined. The City is also reviewing the membership and the joint resolution to extend HAPN. Philip Morley reported that the Board is being asked to appoint the following people to the Network Committee: Kathy Morgan, Pam Tietz, Susan Miller and Kess Ko1ff. The resolution needs to be enacted before the committee members are appointed. Commissioner Johnson moved to approve the RESOLUTION NO. 13-11 Joint Resolution with City of Port Townsend (City Resolution No.11-006) providing for a three year extension of the Housing Action Plan Network (HAPN) Committee. Commissioner Sullivan seconded the motion. Commissioner Johnson noted that a quarterly meeting may work for this cOmmittee. Commissioner Sullivan said that he feels the group should decide how often they need to meet. Commissioner Johnson expressed concern that the Builders are not represented on this Committee. The Chair called for a vote on the motion. The motion carried by a nnllnimous vote. Commissioner Johnson then moved to approve the appointments of Kathy Morgan, OlyCAP; Pam Tietz, Clal1am/Jefferson Counties Housing Authority; Susan Miller, representing the Realtors; and Kees Ko1ff: Citizen at Large. Commissioner Sullivan seconded the motion which carried by a nnllnimous vote. The meeting was recessed at 10:04 a.m. All three Commissioners were present when the meeting reconvened at 1 :34 p.m. . COUNTY ADMINISTRATOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. . Briefing: Floodplain Property and Acquisition Program Update . Briefing: East Jefferson County Forest Plan . Calendar Coordination . Legislative Update . Miscellaneous Items Page 3 ~ Coinmissioners Meeting Minutes: Week of March 28,2011 . City ofPort Townsend Noise Ordinance . Future Agenda Items Change in Property Appraisal Method; Duckabush Flood Plain Property: Commissioner Johnson moved to authorize Environmental Health to change from an appraisal for purchase fee simple to appraisal based on conservation easement on the Duckabush flood plain property. Commissioner Sullivan seconded the motion which carried by a unllnimous vote. Schedule of Community Meetings: Commissioner Sullivan moved to authorize advertising of the four community input meetings on April 14 (Cape George), April 27 (Brinnon), May 4 (Coyle) and June 9 (West End-location to be determined) as scheduled. Commissioner Johnson seconded the motion which carried by a lmllnimous vote. Letter of Support: To the County's Legislative Delegation: Commissioner Johnson moved to approve that a letter of support for ESHB 1886 addressing long-standing conflicts between agricultore and the Critical Areas Ordinance (CAO), be sent to the County's delegation in the State Legislature, committee chairs, and other key legislative staff identified by the Washington State Association of Counties (WSAC). Commissioner Sullivan seconded the motion which carried by a unAnimous vote. Letter of Appreciation: Second Ferry on Port Townsend - Keystone Route: Chairman Austin reported that there will be a second ferry on the Port Townsend - Keystone route. He presented a letter of appreciation for the support and efforts in securing a second ferry for this route. Commissioner Sullivan move to approve the letter. Commissioner Johnson seconded the motion which carried by a unanimous vote. Comment Letter: Proposed Ferry Budget Concerns: Chairman Austin stated that Washington State Association of Counties (WSAC) have requested the Board approve the comment letter. Commissioner Sullivan move to authorize the Board members to sign, by electronic signature, the letter regarding the proposed ferry budget concerns from the 9 ferry counties as presented. Commissioner Johnson seconded the motion which carried by a lmllnimous vote. NOTICE OF ADJOURNMENT: Commissioner Sullivan moved to adjourn at 3:25 p.rn. until the next regularly scheduled meeting or properly noticed special meeting. Commi~~ioner Johnson seconded the motion which carried by a unllnimous vote. MEETING ADJOURNED JEFFERSON COUNTY BOARD OF COMMISSIONERS SEAL: John Austin, Chair ATTEST: Phil Johnson, Member Lorna Delaney, CMC Clerk of the Board David Sullivan, Member Page 4 ; .". . . . . District No.1 Commissioner: Phil Johnson District No.2 Commissioner: David W. Sullivan District No.3 Commissioner: John Austin County Administrator. Philip Morley Clerk of the Board: Lorna Delaney MINUTES Week of April 4, 2011 t~>, ,'-""'1 ill) uTI ~1 ~' If Chairman John Austin called the meeting to order at the appointed time in the presence of Commissioner David Sullivan and Commissioner Phil Johnson. PUBLIC COMMENT PERIOD: The following comments were made by citizens in attendance at the meeting and reflect their personal opinions: . A representative of the Northwest School of Wooden Boat Building explained that the school located in Port Hadlock has 55 students who attend classes on boat building, sail mAking and other maritime skills. The School would like the community to recognize the contribution it makes to the economy of the County. The Board was invited to an opening and dedication of a new building at the School on April 30, 2011 at I :30 p.m. . A researcher in Italy predicted the Japan earthquake days before it happened which could be a good thing, but brings up issues for government agencies that are responsible for notice in time of disaster. APPROVAL AND ADOPTION OF CONSENT AGENDA: Commissioner Johnson moved to delete Item 10 and approve the rest of the items as presented. Commissioner Sullivan seconded the motion which carried by a nnAnimons vote. 1. HEARING NOTICE: Community Development Block Grant (CDBG) Application; 2011 Public Service Grant and Close Out of the 2010 Public Service Grant; Olympic Community Action Programs (OlyCAP); Hearing Scheduled for Monday, April 18, 2011 at 10:15 am. in the Commissioners' Chambers HEARING NOTICE: Draft East Jefferson County Forest Plan; Hearing Scheduled for Monday, April 18, 201 I at 10:30 am. at the Jefferson County Courthouse, Commissioners Chambers BID CALL: Dismal Creek Culvert Replacement; Bids Accepted Until 9:30 am. and Opened and Read Publicly at 10:00 am. on Monday, April 25, 2011 in the Commissioners' Chamber BID CALL: Willoughby Creek Bridge Repair; Bids Accepted Until 9:30 am. and Opened and Read Publicly at 10:15 am. on Monday, Apri125, 2011 in the Commissioners' Chamber AGREEMENT NO. GI000400, Amendment No.2: Coordinated Prevention Grant Program; Additional Amount of $20,640.00 for a totalof$86,919.00; Jefferson County Public Works; Washington State Department of Ecology . AGREEMENT: Public Outreach Services for Phase One of the Rick Tollefson Memorial Trail Project; Not to Exceed $10,000.00 funding provided by Federal Highway Admini!ltration and State Pedestrian and Bicycle Safety Program; Jefferson County Public Works; Triangle Associates, Inc. AGREEMENT: Designating the Official County Newspaper of Public Record for Legal Notices; Port Townsend/Jefferson County Leader 2. 3. 4. 5. 6. 8. Page 1 . Commissioners Meeting Minutes: Week of April 4, 2011 db i' if : 0' i,-;l IJ 1,. iJU r Lit,! J \ '. 9. AGREEMENT Change Orders (2) No. 17 and 18 re: Change Order No, 17 in the Amount of $37,070.00; and Change Order No. 18 in the Amount of$15,249.00; Jeffcom 911 Radici System Improvements Project; Jefferson County JeffCom; Buchanan General Contracting Company 10. DELETED: Agreement, Inter1oca1: 2011/2012 Juvenile Detention Facilities; Jefferson County Juvenile Services; Kitsap County 11. WAIVER: Tipping Fee in Coalition with Annual All Volunteer Earth Day Cleanup; kffersonCountyP~licWocb 12. Advisory Board Reappointment; Jefferson County Solid Waste Advisory Committee (SW AC); Two (2) Year Term Expiring April 26, 2013; Representing the City of Port Townsend, John Merchant 13. Payment of Jefferson County VoucherslWarrants Dated March 28, 2011 Totaling $181,511.00 APPROVAL OF MINUTES: Commissioner Sullivan moved to approve the minutes of the February 28 and March 7, 2011 meetings as presented. Commissioner Johnson seconded the motion which carried by a nnanimous vote. COMMISSIONERS BRIEFING SESSION: The Commissioners and County Administrator provided updates on the following items: Chairman Austin reported that he attended a meeting at Peninsula College in Port Angeles last week about Emergency Management and some of the County's Emergency Management staffwere also present He also met with the County's legislative representatives in Olympia last week to discuss the proposed County Forest Asset Management Plan. There will be a hearing on the 18th on the asset management strategy for the State managed forestlands in Eastern Jefferson County. Commissioner Johnson repocted that he went to Shelton last week for a meeting of the Cascade Land Conservancy and then to Olympia for a WSAC Legislative Steering Committee meeting. He also attended the Heritage Caucus meeting to discuss with Chris Moore the re-appropriation of State money for Courthouse restomtion work. It sounds like this money will be re-appropriated, but there are no guamntees; The County has $300,000 for wock on the Courthouse but that wock won't be done by June 30 and that is why the re-appropriation is needed. The federal Secure Rural Schools money is being reviewed by Congress. There is a proposal to set it at 2008 levels. It is hard to say if it will be approved even though the National Association of Counties is solidly supporting it Philin Morlev reported that the following Co=unity Input meetings are scheduled: April 14 at Cape George Fire Hall; April 27, at the Briunon Co=unity Center; and May 4 at the Coyle Co=unity Center. A1l1;hese meetings start at 7 p.m. The. material needed for the Board to continue deliberations on the SMP is expected to be ready this week. The Courthouse roof stabilization project is moving forward and a neighborhood meeting is being scheduled to inf= and hear from Courthouse neighbors about what conditions need to be set foc the work schedule. PROCLAMATION: Proclaiming April, 2011 as ChildAbuse Prevention Month: Ann Winegar, Co=unity Network. thanked the Board for their continued support of the "Our Kids, Our Business" program. Commissioner Sullivan moved to approve the proclamation as presented. Commissioner Johnson seconded the motion which carried by a nnanimous vote. Page 2 , v 'I .:1:) ,.J , - i . jL1 U: i\ IJ Commissioners Meeting Minutes: Week of April 4, 2011 . The meeting was recessed at 9:50 a.m. All three Commissioners were present when the meeting reconvened at 1:37 p.rn. COUNTY ADMINISTRATOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. ' LETTER OF SUPPORT: Commissioner Johnson moved to approve a letter in support of an addendum created by the Public Development Authority to Senate Bill 5622. Commissioner Sullivan seconded the motion which carried by a unanimous vote. . Calendar Coordination . Legislative Update . Miscellaneous Items . Future Agenda Items NOTICE OF ADJOURNMENT: Commissioner Johnson moved to adjourn at 4:31 p.rn. until the next regularly scheduled meeting or properly noticed special meeting. Commissioner Sullivan seconded the motion which carried by a unanimous vote. . MEETING ADJOURNED JEFFERSON COUNTY BOARD OF COMMISSIONERS SEAL: John Austin, Chair ATfEST: Phil Johnson, Member Lorna Delaney, CMC Clerk of the Board David Sullivan, Member . Page 3 , / . . . . District No.1 Commissioner: Phil Johnson District No.2 Commissioner: David W. Sullivan District No. 3 Commissioner: John Austin County Admioistrator: Philip Morley Clerk of the Board: Lorna Delaney MINUTES Week of April 11, 2011 il: ~ ill [r 'u' Chainnan John Austin called the meeting to order at the appointed time in the presence of Commissioner David Sullivan and Commissioner Phil Johnson. PUBliC COMMENT PERIOD: The following comments were made by citizens in attendance at the meeting and reflect their personal opinions: . A list of all the Advisory Boards and Committees needs to be listed on the County website so that citizens know about vacancies and can apply . This weekend is Earth Day with many community events scheduled . The "First Shots" seminar held last month by the Sporlsman's Club was well attended with 39 participants who gave good evaluations of the program and asked that another seminar be held this year . There is a sub-coiIlmittee of the Hood Canal Coordinating Council that is trying to do a study in Kitsap, Jefferson and Mason Counties which would duplicate work already done by the University of Washington and is not needed . Volunteers in Quilcene pressure washed the sidewalks and have worked with the County to clean up the park. Apri123, 2011 will be the second Quilcene Community meeting which will include the Quilcene Academy Awards, the grand opening of the community park and the announce- ment of the community slogan . Appreciation was expressed for the Public Comment Period and Security Services NW will be looking into setting up a program for training Veterans in the security business. Does Jefferson County need to redistrict? Concern was expressed about the debris field heading this way from Japan . lfthe State discontinues the Basic Health program it will create a bad situation. The Forest Service roads need-to be marked so the Quilcene area can be marketed for its beauty. Citizens - need to be informed about evacuation routes and they need to make sure they have water available in an emergency . There are two San-A-Cans at the Visitors Center and supposedly one of them was burned. Why is the County not doing anything about the sign at the Visitor's Center? Why does the Visitor's Center operate without a septic system? Commissioner Sullivan gave out an "Attorney Client Privilege" document and the copy requested has not been provided yet APPROVAL AND ADOPTION OF CONSENT AGENDA: Commissioner Sullivan moved to approval all of the items as presented. Commissioner Johnson seconded the motion which carried by a lImmimous vote. Page I Commissioners Meeting Minutes: Week of April 11, 2011 \, ;.' I' '--, ;~_~j J1~ ;J',' __ " ;; U 1. BID CALL: E. Price Street Improvement Project, County Project No. CR-1806; Bids Accepted Until 9:30 a.m. and Opened and Read Publicly at 10:00 a.m. on Monday, May 2, 2011 in the Commissioners' Chambers 2. AGREEMENT: 2011 Lodging Tax Advisory Committee (L TAC) Grant Funding; In the Amount of$12,455.00; Jefferson County Chamber of Commerce 3. AGREEMENT: Design Services; Rick Tollefson Memorial Trail Project Phase I; In the Amount of$19,230.00; Jefferson County Public Works; Nakano Associates, LLC 4. AGREEMENT: 2011 Supply of Liquid Asphalt Products for Bituminous Surface Treatment (BST) Program; In the Amount of$302,675.00; Jefferson County Public Works; Albina Asphalt 5. UTILITY EASEMENT: Waterline Extension; City of Port Townsend, Applicant 6. Concurrence and Authorization to Proceed with Real Property Negotiation and Acquisition for Dosewallips Floodplain Project - Phase II; Coone Property; Crowell Property 7. Advisory Board Reappointments (3) re: Ferry Advisory Committee; To Serve a Four (4) Year Term; Tim Caldwell (Term Expires 1/16/14); Tim Snider (Term Expires 2/26/15); and Tom Thiersch (Term Expires 2/26/15) 8. Advisory Board Reappointments (2)re: Conservation Futures Advisory Board; To Serve a Four Year Term; Crystie Kisler (Term Expires 1/22/15); Phil Andrus (Term Expires 1/16/15) 9. Payment of Jefferson County Payroll Warrants Dated April 5, 2011 Totaling $844,221.01 and AlP Warrants Done by Payroll Dated April 5, 2011 Totaling $662,897.22 COMMISSIONERS BRIEFING SESSION: The Commissioners each provided updates 0 the following items: Commissioner Johnson reported that he stopped by Quilcene and was given a tour of the Quilcene Park 1 week which has been improved by volunteers; He went to a meeting about restoration of the Blue Back Sockeye run to the Quinault River. The Quinault Tribe is interested in restoring this run. He also noted tha the Housing Authority consolidation has been a benefit to the County and he has a WSAC Insurance Task Force meeting in Olympia as well as the Olympic Air Pollution Control Authority meeting this week. He met with State Representatives Tharinger and Van de Wege and thanked them for their hard work in lobbying for county funding and programs. Chairman Austin reported that he will be attending the State Board of Health meeting on Wednesday in Olympia which will include a presentation on the local effects of the Japan disaster. He also will be attending the TCC meeting in the West End tomorrow. Philio Morlev reminded everyone that there is a community meeting at the Cape George Fire Hall this Thursday at 7 p.rn. The LASMP review will continue on next week's agenda. The documents to review are posted on the County website. He also noted that the State .Senate may be passing their budget for the next biennium tomorrow. The House passed their budget last week which was beneficial to the County because t included capital improvement funding for the Courthouse repairs. Commissioner Sullivan reported that he attended the Housing Forum on Thursday evening and the cooperative work with other agencies is really paying off. The meeting was recessed at the conclusion of the business scheduled for the moming. AIl three Commissioners were present when the meeting reconvened atl :35 p.rn. Page 2 , ./ . . . Commissioners Meeting Minutes: Week of April 11, 2011 . 1-' ; " I~ I ' 1.:::. W'", , c 'I I), ;--,. ,_~ ,.J COUNTY ADMINISTRATOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Il(ij' Calendar Coordination Il(ij' Legislative Update "'" Miscellaneous Items Il(ij' Future Agenda Items NOTICE OF ADJOURNMENT: Commissioner Sullivan moved to adjourn at 4:30 p.m. until the next regularly scheduled meeting or properly noticed special meeting. Commissioner Johnson seconded the motion which carried by a unanimous vote. MEETING ADJOURNED JEFFERSON COUNTY BOARD OF COMMISSIONERS SEAL: John Austin, Chair AITEST: Phil Johnson, Member Lorna Delaney, CMC Clerk of the Board David Sullivan, Member Page 3 . . . District No.1 Commissioner: Phil Johnson District No.2 Commissioner: David W. Sullivan District No.3 Commissioner: John Austin County Administrator: Philip Morley Clerk of the Board: Lorna Delaney MINUTES Special Meeting April 14, 2011 @rnffi1~rr Chainnan John Austin called the meeting to order at approximately 7:00 p.rn. at the Cape George Fire Hall Commissioner Phil Johnson and Commissioner David Sullivan were present as well as Jefferson Count Administrator Philip Morley and Treasurer Judi Morris. No members of the public were present. County Administrator Morley suggested that the Board wait ten minutes to see if any citizen(s) would show up before adjourning. No members of the public arrived. NOTICE OF ADJOURNMENT: Commissioner Johnson moved to adjourn the meeting at 7:10 p.rn. until the next regular Monday meeting at 9:00 a.m. or special meeting as properly noticed pursuant to RCW 42.30.080. Commissioner Sullivan seconded the motion whichcai:ried by a unanimous vote. JEFFERSON COUNTY BOARD OF COMMISSIONERS SEAL: John Austin, Chair ATTEST: Phil Johnson, Member Raina Randall Deputy Clerk of the Board David Sullivan, Member Page 1