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HomeMy WebLinkAboutM031212 ~1 COMAh...... 9~~ &/$ \, ~\lA \""' ~ ~ ><) , ; \~ ~/ ~~ 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: Erin Lundgren MINUTES Week of March 12,2012 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 are a summary of comments made by citizens in attendance at the meeting and reflect their personal opinions: . A citizen made referenCe to the Courthouse shooting that occurred last week in Grays Harbor County and stated our Courthouse has only had the telephone as improvement for security since 1880; . A Quilcene community meeting will occur this Saturday to discuss old projects that will need maintenance in 2012,3 new projects and how the community can stabilize their economy; the Village store is now able to sell fresh food; . This Wednesday Dr. Laura Lewis will be speaking at the Chimacum Grange; Andy Mackie will be honored at a celebration of life concert on Sunday; . 7 out 10 offiCers are killed with their own firearm and the more training officers receive the better prepared they are; children should be educated in school regarding firearms; . No matter what security efforts are taken, if a person is determined to hurt someone they will; and . If a public records request is received, the County cannot respond with "no responsive documents" because of the type of electronic format it is in. PROCLAMATION: Declaring March /2-16, 20/2 as Girl Scout Week: A group of girl scouts requested to read the proclamation. Upon completion of the proclamation being read, Commissioner Sullivan moved to approve the proclamation declaring March 12 - 16,2012 as Girl Scout Week. Commissioner Johnson seconded the motion which carried by a unanimous vote. APPROVAL AND ADOPTION OF CONSENT AGENDA: Commissioner Johnson moved to approve all items on the Consent Agenda as presented. Commissioner Sullivan seconded the motion which carried by a unanimous vote. 1. ORDINANCE NO. 02-0312-12: Adoption of Revised Fee Schedule for Department of Community Development and Public Works Department 2. AGREEMENT NO. GCB1148: Bridge Inspection Services; In the Amount of $35,000; Jefferson County Public Works; Washington State Department of Transportation 3. AGREEMENT: 2012-2013 Pavement Markings; In the Amount of$453,817; Jefferson County Public Works; Apply-A-Line, Inc. Page 1 Commissioners Meeting Minutes: Week of March 12,2012 4. AGREEMENT NO. CR1873: Surveying Services; Paradise Bay Road, Phase II, County Road No. 503608, M.P. 0.39 to M.P. 1.53; In the Amount of$31,176.26; Jefferson County Public Works; Van Aller Surveying 5. AGREEMENT: Weed Control on Jefferson County Right-of-Way; In the Amount of $4,000 per Year for 5 Years; Jefferson County Public Works; Jefferson County Noxious Weed Control Board 6. AGREEMENT NO. X01899: Engineering Services; Snow Creek Road Culvert Replacement; Federal Aid No. DTFH70-11-E-00039; In the Amount of$59,198; Jefferson County Public Works; Shearer Design, LLC 7. AGREEMENT, Amendment No.1: Facilitation and Project Management Services; Onsite Sewage System Monitoring Program Work Group; An Additional Amount of $2,000 for a Total of $8,400; Jefferson County Public Health; K L Mayer Consulting Group, Inc. 8. AGREEMENT, Amendment No.3: School Nurse Corp Program (OESD); An Additional Amount of $2,063 for a Total of$36,590.00 Plus Mileage; Jefferson County Public Health; Olympic Educational Service District 114 (OESD) 9. Advisory Board Appointments (2): Gardiner Community Center Board of Directors; 1) Jill Jones, Alternate Board Member during the absence of Dick Hanel; and 2) Debra Quinnell, Alternate Board Member during the absence of Linda Hanel 10. Payment of Jefferson County Vouchers/Warrants: Dated February 14,2012 Totaling $345; Dated February 22,2012, Totaling $5,677.01; and Dated February 27,2012, Totaling $304,583.57 11. Payment of Jefferson County Payroll Warrants: Dated March 5, 2012 Totaling $786,810.97 and AlP Warrants Done by Payroll Dated March 5, 2012 Totaling $650,070.68 COMMISSIONERS BRIEFING SESSION: The Commissioners each provided updates on the following items: Chairman Austin was in Washington DC last week attending the NACo Legislative Conference and will be in Olympia on Wednesday to attend a Washington State Board of Health meeting. Commissioner Sullivan stated Olympic Community Action Program will have its' 46th year anniversary on May 10th. Commissioner Johnson was in Washington DC last week attending the NACo Legislative Conference and will be in Olympia this week to attend various meetings. Approval of Minutes: Commissioner Johnson moved to approve meeting minutes of September 19 and 26, and October 3 and 10,2011 as presented. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Page 2 Commissioners Meeting Minutes: Week of March 12, 2012 BID OPENING: Spruce Creek Culvert Replacement: Engineer Mark Thurston opened and read the bids received. BIDDER Quigg Brothers, Inc. Bruch & Bruch Construction Seton Construction Rognlins, Inc. Stan Palmer Construction Primo Construction, Inc. The Nestaval Corporation Anderson Environmental Contracting BID $592,567.00 $526,611.30 $397,507.43 $451,155.00 $609,451.50 $461,083.01 $493,843.00 $499,526.65 Public Works staff will review the bids and make a recommendation for bid award that is to the best advantage ofthe County. The meeting was recessed at 9:54 a.m. and reconvened at 10:01 a.m with all three Commissioners present. BID OPENING: Publication of County Legal Notices: Clerk of the Board Erin Lundgren read and opened the two bids received. BIDDER Peninsula Daily News Cost of Sample Ad - Port Townsend/Jefferson County Leader Cost of Sample Ad- BID $6 per column inch Helvetica Font No Fee Beyond Rate Per Inch Published 6 Days a week, Sunday - Friday 7.75 per column inch Helvetica Font $21.31 Published Weekly Staff will review the bids and make a recommendation for bid award that is to the best advantage of the County. County Administrator Morley stated a mathematical conversion will be done because the width ofthe column inch is an important factor. Letter of Concern: Chairman Austin presented a letter of conCern to the Washington State Liquor Control Board expressing the County's conCerns regarding Mystery Bay Distillers application for a Washington State Liquor License. Specifically there are conCerns that 1) Jefferson County does not have current information on the quality of the water source, 2) there is no permitted waste water disposal system, and 3) the facility needs to have a tasting room permit. Commissioner Sullivan moved to approve the letter of conCern regarding liquor license application 409069-6A of Page 3 Commissioners Meeting Minutes: Week of March 12, 2012 submitted by Mystery Bay Distillers to the Washington State Liquor Control Board. Commissioner Johnson seconded the motion which carried by a unanimous vote. HEARING: Sexually Oriented Business Regulations: Associate Planner David W. Johnson reviewed the changes the Board requested during the meeting held on February 13,2012. The definitions of "moral nuisance" and "obscene" have been added to the regulations. The definition of "Sheriff' was out of alphabetical order and is now corrected. Sexually oriented business item number two on page four has been revised from "Engaged in with fewer than all patrons" and now states "Engaged in with all or any patrons". Chairman Austin opened the hearing for public testimony. Bill Miller: It appears a licensing fee is being required for a sexually oriented business. Ifbusinesses are going to be required to be licenced in Jefferson County, all businesses should have to be required to pay a fee. According to RCW66.24 a night club has to be registered with the State for an annual fee of $2,000 and any venue that serves liquor has to have another permit from the State. Managers, businesses, entertainers and bartenders of sexually oriented businesses will be required to pay an annual fee, but bartenders of the Hilltop Tavern are not required to pay an annual fee, nor are employees or owners of a tobacco store required to pay a fee. Equality and fairness for businesses should be administered. Asking certain businesses to pay feeS to the State and County is unfair to the other businesses. Joe D' Amico: It does not appear to be fair for any business to be selected to have to be required to have a business license. Correct me if! am wrong, but didn't Deputy Prosecuting Attorney David Alvarez state that under County Charter, the County could not require business licenses? This came up in a past conversation because the County-owned shooting range can receive a business license from the County Commissioners but Mr. D'Amico cannot get one for his shooting range. Businesses should be licensed in Jefferson County because they may already be operating out of the County and it is unknown. He would like all businesses to be licensed in Jefferson County so they can be put on the map, people will know where they are and it will generate revenue. Tom Thiersch: The definition of an escort agency is a business that furnishes escorts to a person of interest and escort is defined as a person that works for an escort agency. Under fees, an escort has to pay an annual fee of $250 per year. Have you heard of online dating sites? They are in effect escorting agencies. People pay a fee to participate in those agencies and often receive other fees in return which could reasonably be defined as an escort. One person takes another out and pays for dinner and other activities and in return receives consideration for their services. This could be called an escort by the escort definition. It is a stretch, but a good lawyer could defend it. The County is trying to regulate activities by these definitions which is a normal courSe of life these days. The definitions are archaic and do not match what's going on in today's world and should be rethought. Licensing these types of businesses gets into some 14th amendment issues. People that would like to open a sexually oriented business face hurdles that seem discriminatory and unfair that any other business does not have to follow. It appears to be punishing regulations. Who came up with the amount the licencing fee should be? What is the basis for these numbers? DOeS it represent the cost of regulating or enforcement? It is not quite ready to be approved. Page 4 Commissioners Meeting Minutes: Week of March 12, 2012 Mike Belenski: It seems like the County is trying to punish one type of business. It took the County six years to do something and it was just copies from another entity? The definitions are OVer broad. Does it state in the ordinance what happens to the money that is collected? Is Commissioner Sullivan going to uSe it for his personal parking? Where is the money going to go? The Board has not discussed this document and how long has it been available to the public? It should be at the Auditor's office two weeks before the hearing. Where is the legislative history and background ofthis ordinance? Just copying it from someone else is not a public process. There are problems with lack of public involvement and where the fees are going? This is unfair to one business. Jov Baisch: She is a south County resident and it Seems to residents that the intent is this type of business is going to roll to the south end. This is no way to set a type of policy. Where are the fees going to go? The Sherif is stretched to the max already and she does not understand how this type business is going to get any monitoring. It is going to be a community monitoring system yet again. From what she has gathered, the community is totally against this and this is being done without the proper public input. Hearing no further testimony, Chairman Austin closed the public hearing. Chairman Austin stated this issue was discussed and had deliberation by the Board last month. County Administrator Morley stated today was scheduled for hearing public testimony in what is being proposed. After deliberations today, the Board will give direction to staff for preparing ordinances for adoption in the near future. He anticipates that there will be language addressing specific issues brought up by public testimony. Community Development Interim Director Stacie Hoskins stated the Sheriff also administers kennel licenses as well. Commissioner Sullivan stated the gun club license and the equestrian license are different types of licenCeS. County Administrator Morley stated in reviewing the history and literature of sexually oriented businesses, a license shall be required because of the direct correlation of criminal activity that is associated with sexually oriented business useS. The licensing is not intended to be discriminatory, but is to ensure that criminal activities do not take place. The fees are to pay for the staffing for administering these licenses and regulating the activity. Commissioner Johnson stated it is not intended to be discriminatory, but is it? County Administrator Morley stated there is responsibility of the government to regulate and there is a cost for regulation. Chairman Austin stated that the cost ofregulating this type of business would have to be paid for out of the General Fund, which the County cannot afford, or by a fee. Commissioner Sullivan stated the equal treatment under the law has been reviewed by our legal council and also by the City of Port Townsend and the City of Tukwilla because they have a similar ordinance. Mr. Alvarez stated there is a rational basis for requiring a license and fee which is acceptable. Page 5 Commissioners Meeting Minutes: Week of March 12, 2012 '12""'h~;, +;',,^ ~ff'~'" ~ Chairman Austin asked if the County has jurisdiction OVer internet businesses or schemes? Ms. Hoskins stated this issue arose because all sexually oriented businesses cannot be banned from the County. Issues in regards to zoning and criminal activity is what is addressed. If the Board would like to look into the other issues, they certainly can make that determination. There are regulations for illegal activity and today the County is trying to regulate legal activity. County Administrator Morley reviewed the tables showing the locations of the proposed allowed and prohibited sexually oriented business zoning areas. Commissioner Johnson asked if the County can prohibit liquor from being sold at sexually oriented businesses? Mr. Johnson responded it is prohibited already by state law. Commissioner Sullivan moved to direct staff to develop two ordinances to establish sexually oriented business licencing and development regulations before the expiration of the current moratorium. Commissioner Johnson seconded the motion which carried by a unanimous vote. The meeting was recessed at 11 :58 a.m. and reconvened at 1 :33 p.m with all three Commissioners present COUNTY ADMINISTRATOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Calendar Coordination . Commissioner Sullivan & Dr. Laura Lewis scheduled on Chimacum Grange Agenda Commissioner Johnson rescheduled net pen tour Public Development Authority (PDA) Meeting on March 15 at 7:00 p.m. Quilcene Conservations Meeting on March 17 at 4:00 p.m. Brinnon Loyalty Days Parade on April 27 at 12:30 p.m. . . . . Legislative Update . Legislative Session Started - Watch for Projects of Statewide Significance . HB 2801 County Revenues - Consider Adding Mineral Severance Fee . Public Infrastructure Funding (PIF) & Public Health Funding Items . Commissioner Johnson will attend Legislative Session Wednesday, March 14 . Chairman Austin will be a Main Street Concierge Miscellaneous Items . Chairman Austin and Commissioner Johnson reported on the NACo Meetings in Washington DC Managing Meetings Olympic Community Action Program (OlyCap): 2163 Homeless Funds for Transitional Housing . . . Page 6 Commissioners Meeting Minutes: Week of March 12,2012 ~' '''0 ^',',", l ..~ ~ l;j.$H;~"~~'" . Budget Update . Potential Gathering and Proclamation for Volunteers . Veterans . Exploratory Regional Parks & Recreation Committee . Status of Offer to Memorial Field . Commissioner Johnson requesting Grants from Veterans Administration . Courthouse Roof Project Update . Courthouse Security . Labor . Jeffcom Interlocal Agreements . City of Port Townsend discussion of sewering Glen Cove . Quilcene's Request for Public Infrastructure Funds; Waiting for State Legislature to Decide on Funding Stream . Lodging Tax Allocation Requests . Snohomish PUD Application in to Federal Energy Regulation Commission (FERC) Future Agenda Items (Not Discussed) NOTICE OF ADJOURNMENT: Commissioner Sullivan moved to adjourn the meeting at 3:39 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Johnson seconded the motion which carried by a unanimous vote. ,- / //// Davld~iti~~ MEETING ADJOURNED SEAL: ... ... 1;":) .. '" . '" Page 7