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HomeMy WebLinkAboutM062011 District No. 1 Commissioner: PhUJohnson District No.2 Commissioner: David W. Sullivan District No.3 Commissioner: John Austin County Administrator: Philip Morley Clerk of the Board: Lorna Delaney MINUTES Week of June 20, 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 PERIOD: The following comments were made by citizens in attendance at the meeting and reflect their personal opinions: (< The Board will be discussing the Ruckleshouse Bill later today and it is the only way to continue to fund the County's watershed planning efforts. The Board was urged to support "opting in" to this process. The Planning Commission has started discussing food security and watershed planning can help with this issue. (< The Chimacum Grange and the Olympic Stewardship Foundation also urge the Board to "opt in" to the Ruckleshouse Bill which will provide State FundinK for watershed work. APPROV ALAND ADOPTION OF CONSENT AGENDA: Commissioner Sullivan moved to approve the items on the Consent Agenda as presented. Commissioner Johnson seconded the motion which carried by a nn,",imous vote. 1. RESOLUTION NO. 22-11: Declaring Intent to Vacate Keesling Road No. 360009 2. AGREEMENT: Lease Space on a JeOCom Tower Located at Maynard Peak; Revenue in the . Amount of $9,000; Jefferson County JeOCom; KIRO-TV, Inc. 3. AGREEMENT NO. ER-0902(318), Supplemental No.2: Consultant Services for Willoughby Creek Bridge Repair, Upper Hoh Road, M.P. 3.50, County Project No. X01825; Additional Amount of $8,128.31 for a Total of$I71,204.31; Jefferson County Public Works; Shearer Design LLC 4. AGREEMENT, Amendment No.1: School Based Health Center; Additional Amount of $2,000 for a Total of$59,750; Jefferson County Public Health; Jefferson Mental Health Services 5. CALL FOR BIDS: Courthouse Roof Stabilization Project No. 301 594 1839; Bids Accepted Unti19:30 a.m. and Opened and Read Publicly at 10:00 a.m. on Monday, July 11, 2011 in the Commissioners' Chamber 6. Payment of Jefferson County VoucherslWarrants Dated June 13,2011 Totaling $723,139.38 and Dated June 14,2011 Totaling $940.59 (Records of all claims submitted for payment along with vouchers approved and signed by the Board of Jefferson County Commissioners are retained by the Jefferson County Auditor and Public Works Department.) Page 1 Commissioners Meeting Minutes: Week of June 20, 2011 Interlocal Agreement, Amendment No.1; 2010 Sales Tax Ballot Measure (Proposition No. 1); City of Port Townsend: Philip Morley reported that the interloca1 agreement with the City of Port Townsend was entered into last year for the 2010 Sales Tax Ballot measure and that agreement included a provision that if the Proposition 1 passed half of the City's revenue from the special purpose sales tax would flow to the County for maintenance and capital improvements for Memorial Field and the Port Townsend Recreation Center. The !LA was for a 4 year period and benchmarks were established for the Regional Parks Committee to move that process forward. This amendment resets, by six months, the exploratory benchmarks for the Regional Parks Committee and it changes the amounts that go to the City and County if the sales tax received comes in higher than budgeted, and notes that if any funding is left at the end of the four years it would be returned to the City if it hasn't been contracted or budgeted. He recommended that the Board approve these amendments to the ILA. He added that working with a large group of people on a regional plan takes more time than was originally scheduled in the !LA. Commissioner Johnson asked how long a period these funds could be subject of a contract? Philip Morley reported that typically County contracts are written for no more than five years. Commissioner Sullivan noted that the !LA does not address what would happen if the sales tax is under the projected amount? Philip Morley answered that under the agreement half of any amount of the City's sales tax that comes in would go to the County. If there is a shortfall the County would have to scale back operations or absorb the shortfall for the operation of the Port Townsend Recreation Center and Memorial Field. Commissioner Johnson moved to approve the amendment to the !LA as presented and authorized the Chair to sign it on behalf of the Board. Commissioner Sullivan seconded the motion which carried by a unRnimous vote. ProposedMumhy Road Vacation: Will Butterfield, Public Works Right of Way Representative, reported that James Burnell is the principal petitioner on the road vacation. The request is to vacate all of the westerly 184 feet of Mumby Road which would reduce the overall County Road length from 0.613 miles to 0.578 miles beginning at the intersection with Flagler Road. The County has had this road on the Road Log since 1949 for a total of 6.43 miles and the portion petitioned to be vacated is totally along the petitioners property and provides access to 3 parcels, one of which is not owned by the petitioners family. The owners of the parcel not in the petitioners family have expressed concern due to an existing, although infrequently used, access off this section of Mumby Road. The County Engineer found that there is no current or anticipated public need for the right-of-way; emergency services will not be impaired; it will provide access to other lots and the public will benefit by the vacation. The Hearing Examiner recommends the vacation and the County Engineer also recommends that the vacation be approved dependent that any current access issues being resolved between the property owners. A letter was provided from the attorney of the Howell Estate (other owner) that an agreement was reached last Friday on the access issue. Will Butterfield explained that the Board can accept or reject the vacation petition. Commissioner Johnson said that it appears that the access to the Howell's property has been resolved. Commissioner Sullivan moved to direct Public Works to prepare a resolution to authorize the vacation as petitioned. Commissioner Johnson seconded the motion which carried by a unRnimous vote. A resolution will be prepared and put on next week's consent agenda. Page 2 Commissioners Meeting Minutes: Week of June 20, 2011 ~ ~ COMMISSIONERS BRIEFING SESSION: The Board members reviewed their calendars for the week. The Commissioners each provided updates on the following items: Commissioner Sullivan noted that the WRIA 17 Steering Committee is now called the East Jefferson Watershed Council. The Peninsula Development District (PDD) has a draft Economic Development strategy for Clallam and Jefferson counties. Chairman Austin said that the Ecosystem Recovery Network for the Strait of Juan de Fuca will move staff from the Sequim office to the Olympia office. Philin Morlev explained that this afternoon the joint economic development strategy draft for the Port, City, County and Team Jefferson will be discussed. Declaring Jefferson County Burning Ban on Open Debris Burning other Than Recreational Fires for the 2011 Fire Season: AI Scalf, Community Development Director reported that Resolutions 42-05 and 43-05 adopted in summer of 2005 were correlated to the DNR Fire Index. If DNR raises the fire index to moderate or high the County will issue a burn ban. The DNR has since directed that a summer burn ban be adopted from July I to September 30 every year. The County Fire Chiefs generally concur with this method, but they feel they need tlextoility for each Fire District. Those comments are reflected in the wording of the resolution that says the Fire Marshall will work with the Fire Districts to either extend or amend the burning ban depending on the actual weather each year. This resolution establishing the burn ban does not include the west end of the County. The resolution is only for the 2011 fire season because DNR may consider a statewide rule m"king to set the burn ban across the State in the future. Commissioner Sullivan asked about the possibility of an earlier burn ban in certain areas of the county? AI Scalf reported that the issue is making a countywide regulation that provides consistency so the public knows what to expect. Commissioner Johnson moved to adopt RESOLUTION NO. 23-11 setting a Countywide burn ban beginning July I and ending September 30. Commissioner Sullivan seconded the motion. Commissioner Johnson noted that even though it is a wet year the soil dries out very fast. The Chair called for a vote on the motion. The motion carried by a llnlJnimous vote. UPDATE re: Washington State Ferries: David Moseley, Assistant Secretary, WSDOT Ferries Division updated the Board, the Mayor, the Vice Mayor, the Executive Director of the Port of Port Townsend and members of the Ferry Advisory Committee on the status of the ferry system. He noted that this is the 60th birthday of the State Ferry System which is recognized around the world as one of the best ferry systems. The Ferry system is working hard to reduce and contain costs while still providing no cuts in service. Ferry System employees have and continue to participate in by foregoing mediated wage increases in the 2009-11 biennium and making contract changes.in the 2012-14 biennium. There are still budget shortfalls which the Legislature is working on in a comprehensive transportation package. The system is not financially stable, but work continues on this issue. The reservation system will continue on the Port TownsendlWhidbey route. . Commissioner Sullivan asked what the possibility is for the ferry to do a later run when the 2 boats are operating? Mr. Moseley reported that the dilemma is that the peak period for the Port Townsend run is Page 3 Commissioners Meeting Minutes: Week of June 20, 2011 mid-day. To have a later nul would mean they would have to have the second nul start later in the day. Commissioner Johnson asked how much of the boat capacity is saved for people that don't make a reservation? Mr. Moseley reported that 70% of each boat's capacity is for reservtions and during holiday times they may make it 80%. Commissioner Johnson asked if the ferry system was ever financially sustainable? Mr. Moseley said that it was when the Motor Vehicle Excise Tax was in effect. Sustain-able means when dedicated funding sources and income meet or exceed expenses. HEARING re: Moratoriumfor Sexually OrientedAdult Business: David Wayne Johnson, Community Development, noted that this hearing is required because an eighth momtorium on siting a sexually oriented adult business in Jefferson County was adopted in April. The RCW requires that a public hearing be held 60 days after the adoption of a moratorium. There was a meeting on May 19 with the Auditor, DCD staff, the County Administrator and the Civil Deputy Prosecuting Attorney to discuss the issues mised. The Sheriff did not attend the meeting. The Auditor has agreed to handle the licensing. The Sheriff would be responsible for enforcement The Chair opened the public hearing. Tom Thiersch. unincorporated Jefferson County, said that the business of licensing has come up and he doesn't see why the County is considering issuing a business license for one particular type of business. He questioned if the County has the legal authority to do this, especially since this would be singling out one type of business. He asked the Board to consider this licensing problem in the future. Mike Belinski stated that he agrees with Mr. Thiersch. This issue has come up over and over again and he assumes that an advertisement was put in the newspaper for this hearing and that costs money. It doesn't make any sense. Why has it taken 5 years to take care of this? What's the hold up, what is the problem? Hearing no further comments for or against this moratorium, the Chair closed the public hearing. No action is required by the Board of Commissioners. HEARING re: Six Year Transportation Improvel1umt Plan: Josh Peters, Public Works Transportation Planner, explained that this hearing is on the Six Year Tmnsportation Improvement Plan (TIP) for the period 2012 through 2017. This review of the 6 year plan is done each year. The annual plan is reviewed during the yearly budget process. Some projects in this plan have secure funding and some have partial or potential funding sources. The plan is similar to a wish list and not every project will be realized. The County's bridge condition report is included in the TIP. He then explained the program document. Monte Reinders, County Engineer, added that because most funding sources require that projects be listed on the TIP before funding is approved, the plan includes many projects. The loss of the federal Secure Rural Schools funding will mean that the County's ability to match funding will be greatly decreased. The loss of this federal funding amounts to 20% of the County Road budget for capital projects. Page 4 Commissioners Meeting Minutes: Week of JWle 20, 2011 ~ ~ The Chair opened the public hearing. Hearing no connents for or against the six (6) year TIP the Chair closed the public hearing. Commis- sioner Sullivan moved to approve RESOLUTION NO. 24-11 adopting the Six (6) Year Transportation Improvement Plan as presented. Commissioner Johnson seconded the motion. The Board thanked Public Works for a thorough report. The Chair called for a vote on the motion. The motion carried by a Wlani- mollS vote. PUBliC HEARING NOTICE re: Draft Jefferson County Response to Department of Ecology on Changes to the Loadly Approved Shoreline Moster Program (SMP): Stacie Hoskins, Department of ConnW1ity Development, Planning Manager, explained that the Board is being asked to review the proposed changes to the LASMP which is the response to the Department of Ecology's required and reconnended changes. The Board has reviewed these changes thoroughly and staffhas presented the changes in the draft County response in a line-in, line-out format. The copies of the revised maps are on-line and were handed out. She then highlighted some of the map changes as: Maps 2 and 3 reflect change to the Mill Pond. This change removes the Mill Pond from shoreline jurisdiction while keeping the lagoon within shoreline jurisdiction. Maps 8, 9, 12 and 13, change the reach "DD" outside Port Ludlow from High Intensity to Shoreline Residential. The Board is being asked to make any final edits to the line-m.line-out changes and any maps so that a public hearing notice can be approved for a hearing on July 11, 2011 public hearing at 6 p.m. in Superior Court. Chairman Austin referred to Map #9 Port Ludlow and said that his Wlderstanding is that the area on the east shore "CC" which on the current map is marked as High Intensity and change it to Shoreline Resi- dential to include the area of Gull Drive (in plat #2 of Ludlow Bay Village.) Stacie Hoskins said that her Wlderstanding was to change the reach designation to the Hotel property line. Chairman Austin said he would like to see the line up to the concrete circle at the totem pole becanse the areas immediately to the right of"CC" on the map are privately owned condominiums. He then referred to page 9 of30, #8 Experimental Forms of Aquaculture, he thought the additional statement in red was to be left off. Com- missioner Sullivan and Commissioner Johnson both suggested that the wording be changed to experimental forms of "fin fish" aquaculture. Stacie Hoskins said she will add "forms of fin fish" after the word "experimental" on page 8 of 30. Commissioner Johnson also asked about wording on page 9 of 30 about fin fish aquaculture which says ". . .uses, releases herbicides, pesticides, antibiotics, fertilizers . . . and other materials known to be harmful into SUlTOWlding waters. . ." was originally prohibited and now is allowed. Is that a requirement of DOE? How do we mitigate this? He realizes this is going to public hearing and he expects it to be brought up in the public hearing. Commissioner Sullivan asked how long the public connent period should be left open? The Board is asking for quality input with specific, scientific rationale. Stacie Hoskins said the proposed hearing notice suggests that written public connent will be accepted JWle 22, 2011 through 4:30 p.m. on July PageS Commissioners Meeting Minutes: Week of June 20, 2011 . ..'" :,-.:t ~ ", ~ , , 22, 2011. Commissioner Sullivan asked if the Board could change the length of this co=ent period at the public hearing? The discussion turned to extending the public co=ent period for 2 weeks after the hearing. If a full two weeks is provided for public co=ent and the hearing is on a Monday, July 11, it would mean that additional written testimony would be taken until July 25. The Board concurred that the co=ent period be kept open until July 25, 2011 at 4:30 p.m. Department of Co=unity Development Director, AI Scalf, handed out copies of the parcel map for the plat of Ludlow Bay Village (town homes) with Verner Point and the road in question which is Gull Drive. Verner Point is Open Space. Chairman Austin asked if V erner Point which is a grassy area would continue to be protected? Stacie Hoskins explained that Verner Point would still have the 150 foot buff- er requirement. The uses allowed would be a little different and anything that is proposed would have to meet the buffer standards. AI Scalf explained that currently Verner Point is in the Ludlow Bay Village plat as an open space tract and is subject to plat conditions and it has restrictions based upon SEP A miti- gations and shoreline permitting conditions of approval including uses for enhancement for thll bird life, open space and trails. In order to change anything subject to the current plat requirements would require a plat amendment process. Chairman Austin said that his preference is that the residential protection go as far as the circle which represents the base of the old kiln, but if there are practical reasons to have the residential designation only go as far as the plat' (arrow). He wants to assure protection of V erner Point to where the concrete wall is because now Verner Point is a natural shoreline. Commissioner Sullivan moved to approve the hearing notice setting the public hearing for the changes to the Locally Approved Shoreline Master Program as agreed to by the Board on July 11,2011 at 6 p.m. in Superior Court with the public co=ent period to be kept open from the publication of the notice through July 25,2011. Commissioner Johnson seconded the motion which carried by a lInlmimous vote. The Board scheduled an Executive Session with the Chief Civil Deputy Prosecuting Attorney and the County Administrator regarding potential litigation from 12 noon to 12:30 p.m. The actual ses- sion ran from 11 :55 am. to 12:30 p.m. No action was taken by the Board at the conclusion of the Exec- utive Session. The meeting was recessed at the conclusion of the business scheduled for the morning. All three Commissioners were present when the meeting reconvened at 1 :34 p.m. COUNTY ADMINISTRATOR BRIEFING SESSION: County Adminilltrator Philip Morley reviewed the following with the Board. Briefing re: Process to Formulate Response to Ruckelshaus Bill Regarding Critical Areas and Agricultural Lands Calendar Coordination Miscellaneous Items Future Agenda Items Page 6 Commissioners Meeting Minutes: Week of June 20, 2011 NOTICE OF ADJOURNMENT: Commissioner Sullivan moved to adjourn at 3:11 p.m. until the properly noticed special meeting or the next regular meeting. Commissioner Johnson seconded the motion which carried by a nnanimous vote. MEE'TING"AD < . 'Y--~A_~~"";' -J:["~", ,- ,....... ~ ':>:,: -. ..... ,-- ~-~" . ", . " 'c' .~- ... "" " \' SEAL:(,.,;.- r"'.""".~c...N ,"" \" , '- """1'1-' .", , .'::.'1' . ~'~'.-:I;io~.",;~ I"i'\.-~~'" 'io- tft -"'1: . '.\.' -',',',@1;~ ;''fJ.-~~'7'. '" "" 1 ,'" I '.'~i":lr-!;;t, ,,,!-.! '" " ,.\)0"" 'j!r. -".1 ~ , s..';;:"'_".". ~..:~-,..__~ f, . _. '.' ' #J . ... ;.""'t;.'.......,' ~''''., . "., \. -,--... ..,.. I'. , . . '" ',.-.." ;..... .....l.._ /~, , .,..,..... ~\~~ ATIE~~<'~; .~g'~.;,' ~;:;::- ~~-~ JEFFERSON COUNTY BO OF COMMISSIONERS t1CY1hlQMr) , LOrna Delaney, CMC Clerk of the Board Jo n, Member Vb:-, David Sullivan, Member Page 7