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HomeMy WebLinkAboutM061200District No. 1 Commissioner: Dan Harpote District No. 2 Commissioner: Glen Huntingford District No. 3 Commissioner: Richard Wojt County Administrator: Charles Saddler Deputy Administrator: David Goldsmith Clerk of the Board: Lorna Delaney MINUTES Week of June 12, 2000 The Chairman, Commissioner Richard Wojt, called the meeting to order at the appointed time. Commissioners Dan Harpole ~and Glen Huntingford were both present. COUNTY ADMINISTRATORS BRIEFING: County Administrator Charles Saddler reported that efforts have been made, and will continue, to contact the Sportsmen's Club about their license to use County property near the Solid Waste Transfer Station as a shooting range. On June 19, 2000 a budget strategy session has' been scheduled for the Board and the County Administrator Managers. A budget session will also be held :with the other Elected Officials on July 5. PUBLIC COMMENT PERIOD: No one appeared to comment. moved carried 1. 2. 3. 4. 5~ 6. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Harpole to approve all of the items as presented. Commissioner HuntingfOrd seconded the motion which by a unanimous vote. RESOLUTION NO. 53-00 re: Updating the Official County Road Log; Adding 1 st Street; Located in the Plats of Phillips Addition to Irondale and Irondale Heights AGREEMENT re: Professional Services; Spay :and Neuter Adopted Pets; Jefferson County Animal Services; Chimacum Veterinary Hospital AGREEMENT re: Management of Community Development Block Grant (CDBG) for the Construction of a Family Resource Center; Jefferson Mental Health AGREEMENT re: Management of the Jefferson County Fair Grounds and Activities Occurring on the Property; Jefferson County Fair Association AGREEMENT re: Development of a Website for the Jefferson County Marine Resources Committee; Barbara Nightingale AGREEMENT re: Management of Public Outreach for the Jefferson County Marine Resources Committee; Michelle McConnell Page 1 Commissioners Meeting Minutes:Week of June 12, 2000 o 10. 11. 12. 13, AGREEMENT re: Painting of the Gardiner Community Center Exterior; Jefferson County Public Works; Full Palette, Inc. AGREEMENT, LoCal Agency, Supplement #1 re: Bamhouse Creek Culvert Replacement Project, #CD 1361; Adjust Grant Fund Availability from Construction to PE and Reduce Amount by $94,150; Jefferson County Public Works; Washington State Department of Transportation AGREEMENT, Local Agency, Supplement #1 re: East Fork Tarboo Creek Culvert Replacement Project #CD 1362; Decrease Match Percentage Requirement and Reduce Amount by $9,445; Jefferson County Public Works; Washington State Department of Transportation AGREEMENT re: Vendor Supply of Asphalt Concrete for Maintenance on Various County Roadways for 2000; Jefferson County Public Works; Lakeside Industries AGREEMENT re: Vendor Supply of Asphalt Concrete for Maintenance on Various County Roadways for 2000; Jefferson ~County Public Works; Ace Paving Co., Inc. Concurrence and Authorization to Proceed with Real Property Negotiation and Acquisition of the Nebenfuhr Property, Project #RO 1452; Located at 482 East Quilcene Road, Quilcene, WA; Jefferson County Public Works Accept Resignations from Four (4) Members of the Jefferson County Substance Abuse Services Advisory Board; a) Prosecuting Attorney Juelie Dalzell; b) Suzanne Schmidt; c) Dr. Phyllis SOlomon; and d) Juvenile Services Administrator Barbara Johnson Creating a County Project Designated as CR1496; Improvements to Center Road: Commissioner Harpole moved to approve RESOLUTION NO. 54-00 creating a County project designated as CR1496 for improvements to Center Road. Commissioner Huntingford seconded the motion which carded by a unanimous vote. The Board met in Executive Session with the County Administrator from 11:00-11:30 a.m. regarding a personnel issue. HEARING (Continued from April 17, 2000) re: Franchise Application for a Natural Gas Distribution System in Unincorporated Jefferson County; Cascade Natural Gas, Ina, Applicant: The Chair reopened the public hearing. No public was present. Transportation Manager Bruce Laurie reported that the applicant is currently reviewing the franchise agreement. The Public Works Department recommends that the hearing be closed and the franchise brought back for action by thc Board after the applicant and the consultant have both reviewed it. Page 2 Commissioners Meeting Minutes:. Week of June 12, 2000 Commissioner Harpole noted that the Whatcom County Council has put a moratorium on accepting any applications for pipelines until they have written procedures in place for where pipelines can be located. He asked if the Unified' Development Code (UDC) :will address in more detail where pipelines can be sited? Public Works Director Gary Rowe noted that the franchise process and the permitting process are separate. This project is currently in the franchise process and no permit has been received by the County. He advised that Whateom County is reviewing "transmissiOn" lines. Cascade Natural Gas is considering a distribution system (low pressure lines) not a transmission (high pressure, high volume) system. Gary Rowe noted that Cascade Natural Gas is approximately 2 years: away from applying for a permit for their system. The UDC should be in place before this permit application is submitted. Commissioner Harpole asked if the Cascade Natural Gas proposal would be vested at the time the franchise is approved or when the permit application is made? David Alvarez, Deputy Prosecuting Attorney, stated that they would be vested at the time they apply for a permit. Gary Rowe suggested that Wording be added to the franchise agreement stating that they would be subject to the regulations at the time of their permit application. County Administrator Charles Saddler asked if franchise fees can be charged? David Alvarez answered that the RCW is silent about the issue of the County charging franchise fees. However, there is a 23 year old Attomey General's Opinion (AGO) which indicates :that the County could charge a franchise fee. Gary Rowe added that the County's Franchise Ordinance indicates that a fee can be charged to the extent permitted by law. Charles Saddler suggested that Cascade Natural Gas be asked for information on the franchise fees they pay other jurisdictions where they have pipeline franchises. He noted that there will be a disparity in utility costs across the County because the City is: able to charge a tax and the County is not. He encouraged the Board to seek out any available information about the franchise fees paid by Cascade Natural Gas. Gary Rowe advised that the Public Works Department will research this issue and bring back information about the possibility of charging franchise fees. Page 3 Commissioners Meeting Minutes: Week of June 12, 2000 Commissioner Huntingford moved to close the hearing, proceed with negotiations for a non-exclusive franchise for Cascade Natural Gas to include the addition of wording to the franchise that the applicant will be subject to the regulations at the time of their permit application, and that the Public Works Department research and bring back information about franchise fees. Commissioner Harpole seconded the motion which carded by a unanimous vote. MEETING ADJOURN.~E,~,~ .... SEAL: ATTEST:-,, Clerk of the Board JEFFERSON COUNTY Page 14 PROPONENT: Cascade Natural Gas LOCATION:: East Jefferson County with shoreline crossings north of Port Ludlow and Hood Canal Bridge area. DATE: June 12, 2000 No application has been received at the Department of Community Development as of this date. Tentative list of permits required by Jefferson County: A open record public hearing is required and held by the Hearing Examiner. The Examiner makes the Counties decision, the application will require a extensive public notification process. Shoreline Substantial Development Conditional Use Permit (Final decision is Department of Ecology) or DOE Zoning Review State Enviromental Policy Act (SEPA) Flood Plain Management Critical Area Review Stormwater Review Franchise Agreement (Jefferson County Public Works) Hydraulic Project Approval - Washington Department offish and Wildlife Forest Practice - Department of Natural Resources (DNR) Aquatic Resource Use Authorization - DNR Section 404 Permit - Corp of Engineers Section 10 Permit- Corp of Engineers Section 401 Water Quality Certification (DOE) The shoreline permit (Jefferson County SMP) will require the project under section 5.200 UTILITIES - Services or facilities that produce, transmit, carry, store, process, or dispose of electric power, gas, water, sewage, communications, oil, and the like to not obstruct or destroy scenic views. to provide public access and multiple uses (trails and pathways). to not degrade marine life or water: quality. to have no beach erosion. shall assure that geohydraulic shore processes and marine life are basically maintained in their natural conditions. to not be installed in areas subject to geological hazards, unless clearly demonstrated that such hazards can be overcome. Unknown: ESA??? UDC??? Prepared for BOCC and County Administrator for June 12, 2000 public hearing on franchise proposal. By: A1 Scalf Department of PubliC Works O Regular Asenda Pa~el °f2 Jefferson County Board of' Commissioners ABenda Request To: From: Board of 'Commissioners Charles C. Saddler, County Administrator Gary A. Rowe, Public Works Director/County Engineer ~ ~~ ABenda Date: June 12, 2000 Subject: Final Staff Report for the application for a franchise by Cascade Natural Gas, Inc., for a natural ~as distribution system in unincorporated Jefferson COunty. Description: Final Staff Report for the AppliCation for a Franchise by Cascade Natural Gas, Inc., for a natural Bas distribution system, with the foltowin8 attachments: · Preliminary Staff Report without attachments. · Board of County Commissioner's minutes from the public testimony portion of the PubUc HearinB. Statement of Issue: The. purpose is to close the deUberation portion of the Public Hearin8 conducted on April 17, 2000, and continue neBotiation on the 8rantin8: of a non-exclUsive franchise to the appUcant to use County ri:Bhts of way and other County property for the installation and maintenance of a natural Bas distribution system. The intent was to have the franchise completed at this time. However the development of the final franchise has taken [onBer than anticipated and is:expected to be comPleted near the end of June. The additional time needed to finish developin8 the franchise will help assure a thorouBh and complete aBreement that meets both the applicant's and the County's requirements and considers comments from the public hearin8. Analysis: The public hearin~ could have been closed at the time of the closin~ of takinB written testimony (Friday, April 20, 2000, 5:00 PM). The additional 60 days was an estimate of time to complete the final franchise. However, this was not sufficient time to complete the franchise. Department of Public Works O Regular Agenda Page ~2 of 2 Alternatives: ·C[ose the hearing and proceed with negotiations to develop a final non- exctusive franchise based on the public hearing testimony, the comments received, and the industry standards for these types of franchises. · Deny the franchise. · Continue the public hearing and proceed with negotiations to devetop a fina[ non - exctusive franchise. Fiscal Impact: The fiscal impact is retated to the actua[ franchise devetopment and negotiation. The amount Shown is an estimate of the expected maximum. Permit and inspection costs wit[ be covered by the applicant through existing ordinance and as devetoped in the franchise. Currentty, the County has more than 30 franchises for various uses of County rights of way and County property, With permits and inspections being compteted on a regular basis. Existing staff would cover this franchise's routine service permits. During the initia[ stages of construction additional staff may be required depending upon the Department's Workload, but this to wi[[ be covered by the appticant. Additionat[y, the franchise has bonding and insurance requirements for any damage sustained to County right of way, infrast~[Jcture, or other proPerty. Revenue Budget Line: 322.40.60 / 311 .lO.00 Amount:S150 / $9~850 EXpenditure Budget Line: 543.00.10i 20~ 41 Amount: $10~000 Future Budget Impact: At Time of Franchise Re-negotiation Recommendation: Public Works recommendation is that the Board dose the PubtiC Hearing, and to proceed with negotiations to devetOp a finat non - exctusive franchise for presentation, review, and approval by the Board, when it is completed. Reviewed By: PRELIMINARY STAFF: REPORT FRANCHISE APPLICATION for Cascade Natural Gas, Inc. for All of unincorporated Jefferson County AGENCY RESPONSES: 1. The Jefferson County Health Department made no comment. The Jefferson County Department of Public Works made the following comments: A) At this time there is no known operating natural gas pipeline distribution facilities in Jefferson County. B) In accordance with Jefferson: County Ordinance 01-0103-00, a surety bond, assignable savings account, or other collateral shall be provided to Jefferson County for the duration of the franchise, with the amount to be determined by the Director of the Public Works Department. c) Notification of an application by Cascade Natural Gas Corporation for a Certificate of PUblic Convenience and Necessity has 'been received from the State of Washington Utilities and Transportation Commission. D) The proposal needs to be reviewed for consistency with the Comprehensive Plan. o The Jefferson County Department of Community Development made the following comments: A) The issuance of this franchise is categorically exempt from the State Environmental Protection Act (S.E.P.A.). 4. The Prosecuting Attorney's Office made no Comment. 5. Fire Protection District No. 1 made the following comments: Preliminary Staff Report Cascade Natural Gas, Inc. FranChise Application Page 1 of 4 o A) C) At this time :none-of the various: fire service agencies in Eastern JefferSOn County have the funds:to:train and equip their personnel for trench rescue in the event ora construction accident. UnleSS Cascade Natural Gas Corp, can guarantee that they will provide their own trench rescue personnel and equipment, Cascade Natural Gas Corp. should be required to train and equip a consortium of fire fighter/rescue workers. It would be very beneficial to the fire service of Jefferson County if Cascade Natural Gas Corp. were to provide comprehensive training and equipment in the event of a natural gas emergency in the County. Maps to all gas pipeline road crossings should be distributed as soon as possible in order that .the various emergency services can plan alternate routes during the construction phase. Fire Protection District No. 2 made the following comments: A) B) Trench rescue - Jefferson CountyFire Protection District #2 does not have trench rescue equipment :or ample personnel trained in this area. If this project is approved the applicant must provide their own trench rescue equipment and team when operating within the Fire District #2 boundaries. Firefighting Equipment - JCFPD#2 does not have adequate equipment to deal with a fire of this magnitude. Resource funding for equipment is needed. Firefighter training - JCFPD#2 would request funding for additional training of personnel to the level of response needed. Our Fire District is made up of volunteer responders. Fire Protection District No. 3 made the following comments: B) Cascade Natural Gas Corporation guarantees they have the capability and would not require emergency trench/confined space rescue response from outside sources. Cascade Natural Gas Corporation provides start-up funds for equipment and training involving trench/confined space rescue, so a Jefferson County Trench/Confined Space Rescue Team can be formed. Then be capable of providing the response during and after the .construction phase is completed. Fire Protection District No. 6 made the following comments: Preliminary Staff Report Cascade Natural Gas, Inc. Franchise Application Page 2 of 4 A) B) District No. 6 volunteers cannot provide trench or confined space rescue in the event of an accident involving trapped pipeline workers, i Our limited ftmding and training for this type of rescue operation Severely hinders our capabilities. It would be of great benefit to both Jefferson Count3, and Cascade Natural Gas Corporation if all of the interested parties cOUld cooperate and set up ~greatly needed training and supplies for trench/confined space rescue. This would give fire jurisdictions the necessary experience for incident response in the event of natural gas emergencies. The Jefferson County Sheriff's Department made no Comment. PRELIMINARY FINDINGS: 1) The proposed franchise is in conformance with the Jefferson County Comprehensive Plan Utilities Element (Chapter 11). However, conditions contained in applicable policy in the Comprehensive Plan may need to be incorporated into any franchise agreement negotiated. 2) Cascade Natural Gas CorporatiOn has made an application for a Certificate of Public Convenience and Necessity with the State of Washington Utilities and Transportation CommissiOn. 3) The proposal is reflected in the application filed by Cascade Natural Gas on February 24, 2000 which is made in accordance with the Jefferson County Ordinance 01-0103-00: 4) The issuance of this franchise is categorically exempt from S.E.P.A. 5) The county's Fire Protection Districts have Stated that they are not equipped for or trained in emergency procedures associated with the construction and operation of natural gas transmission and distribution facilities. 6) Preliminary Staff Report Cascade Natural Gas, Inc. Franchise Application A public hearing is scheduled for Monday, April 17, 2000, from 2:00 P.M to 3:00 P.M, in the Board :of Jefferson County Commissioners chambers to take testimony on the application. Further, notice of said public hearing has been carried out in accordance with applicable law, having been published twice in the Leader on March 22 and 29, Page 3 0£4 2000. AdditionallY, notice was posted.at the Jefferson County CourthouSe; the Cie of Port T0mend City Hall, and Various united States Post Offices through oUt lefferson County. STAFF RECOMMENDATION: The recommendation is to have the Board direCt staff to enter into negotiations with Cascade Natural Gas, Inc.; to develop a mutually acceptable non-exclusive franchise agreement based on Jefferson County Ordinance 01'0103-00, the comments contained in the Preliminary Staff Report, and the Comments received at the public hearing. It is also recommended that~:the Board continue at least the deliberation portion of the public hearing for 60:days from April 17, 2000 to :allow staff to develop the franchise agreement with Cascade Natural Gas, Inc., and. the Final Staff Report for the Board's review and approval. Attachments: Cascade Natural Gas Inc. Application Draft Non-Exclusive Franchise for a Natural Gas Distribution System Concurrence of Categorical Exemption from S.E.P.A., Responsible Official Comments of Fire Protection District'No. 1 Comments of Fire Protection District No. 2 Comments of Fire Protection District No. 3 Comments of Fire Protection District No: 6 Notice of Application to Washington Utilities and Transportation Commission for a Certificate of Public Convenience and Necessity Preliminary Staff Report Cascade Natural Gas, Inc. Franchise Application Page 4 of 4 Commissioners Meeting Minutes: Week of April t_7, 2000 COMMUNITY. DEVELOPM:ENT Proposed Ordinance Amending the Interim Controls Ordinance (ICO) and Hearing :¥otice: To Provide the Zoning Administrator with the Authority and Criteria to Review Applications for Consixtency with Section 13 Use Table: A1 Scalfreviewed the proposed draft ordinance and set the hearing date of May 8, 2000 at 2 p.m. Commissioner Huntingford moved to set the hearing date as suggested for the proposed ordinance. Commissioner Harpole seconded the motion which carried by a unanimous vote. Proposed Resolution Establishing that Jefferson County will Not ct ccept Certain Proposed Comprehensive Plan/lmendmentsfrom its Citi:ens During 2000: Commissioner Harpole asked when the limited Comprehensive Plan Amendments will be accepted and how that will impact DCD's work load? Al Scalf reported that the Comprehensive Plan outlines the date that this process can start. The Planning Commission is reviewing the Comprehensive Plan Amendment process. COmmissioner Harpole asked if work will be done on Land Use Goals 3.0 and 5.0 before amendments from the public are considered? Warren Hart reported that is correct. He added that there are other counties currently doing this type of amendment. As a result, this could reduce the amount of time it will take for Jefferson County's process. Commissioner Harpole moved to approve RESOLUTION NO..32-00 establishing that Jefferson County, will not accept certain proposed Comprehensive Plan :,~rnendments fro'~m its citizens during 2000. Commissioner Huntingford seconded the motion which carried by a unanimous vote. ~HEMRI~¥G re: Franchise .~pplication for:a :¥atural Gas Distribution System in Unincorporated Jefferson County: Cascade :¥atural Gm; Inc., ~4pplicant: Transportation Manager Bruce L. aurie explained that this franchise application is to use County right-of-way and County property for the installation and maintenance ora.natural gas pipeline. He pointed out that the franchise is for all of unincorporar'ed Jefferson County. He reviewed the public process that has been done to this point. Comments from DCD and Fire Districts I, 2.3, and 6 have been incorporated in the preliminary, findings. The preliminary recommendation from Public WOrks would be that~ the Board enter into negotiations with , Cascade Natural Gas, Inc. to develop a mutually acceptable non-exclusive agreement, based on Ordinance 0t-0.03-00. the comments contained in the staff report, and the comments received at the public hearing. He asked Nat the Board continue the deiiberation portion of the pubtic hearing for 60 days to allow time to develop the ~anchise agreement and present it for final review and approval by the Board. This process w/Il also include coordinating with the City of Port Townsend because they are also processing a franchise application at fftis time. Page 4. Commissioners Meeting Minutes: Week of April 1'7, 2000 Ccmmissioner~Harpole stated the he wants to make.sure that the comments from the fire districts are addressed in the negotiations. He asked that staff contact other counties who have natural gas pipeline franchises. Chairman Wojt opened the public testimony portion of'the hearing. Gary Iverson, representing Cascade Natural Gas, Inc., explained that they are not sure at this point the exact location where the pipeline will be installed in the County. He discussed the concerns of the fire districts about trenching. They have been in business for over 50 years and have install, ed over 7,100 miles of service and distribution lines and they have never had a trench issue. They work closelywith the communities they serve and provide annual training to ail: fire districts about how to handle a fire or gas leak. Road closures are not usually required to get gas from one side ora road to the other because of the trenchless technology that is used today. Dave Woodruff, Port Ludlow, asked Mr. Iverson if the Sensor, a vessel moored in Oak Bay is doing work for his company? Gary Iverson, replied no. Dave Woodruff, asked where the line is going to come ashore? Gary Iverson, explained that fight now they are evaluating several corridors in Puget Sound. They have been looking at banded areas and have not gotten specific. Any stream or fiver crossing will be prohibited. The exact area will still need to be evaluated. Dave Woodruff, asked where the line' Will be landing in Jefferson: County? Gary [verson, answered that the likelihood is near Port LudlOw; Dave Woodruff, asked if when the line is brought ashore, would it be brought up at a County road end? ' Gary Iverson, replied that they try, to run the transmission lines along a County road. Dave Woodruff, stated that he read on the interact about a gas line in the State that was damaged by a contractor. There was escaping gas that took several hours to repair. He said that he is interested in public safety issues, as well as where the pipeline is going to be located.` Page 5 Commissioners Meeting Minutes: Week 0fApril 17,2000 Gary Iverson, reported mat their crews routinel:v walk the service lines and distribution systems to find out if there is a leak. They also have a data acquisition'system that monitors the pressure in the lines. Jack Randall, Cascade Natural Gas. Inc., added that there is, on occasion, a possibility of escaping gas for a short period of time -- up to an hour. If the conditions are safe, it's best to take the time to evaluate Whether the system requires shutting down. That isn':t always the first option. Thev work closely with the fire departments in these situations. Dave Woodruff, asked if there would be any comment on the siting of the system at a later date? Bruce Laurie explained that the County's franchise application doesn't deal with any construction or construction location. As a utility, certain pans of the project are exempt from SEPA, but transmission lines require S EPA revi ow. Chairman Wojt asked how the County deals with multiple franchises in the same area? Bruce Laurie explained that the newest utility, which would be Cascade Natural Gas, Inc., is required to take any existing utility lines into consideration when they plan their route. Hearing no further comments, the Chair closed the public testimony portion of the hearing. Commissioner Huntingford stated that the main concerns from residents that he has talked with are: the public safety issues; where the pipeline will come aground? and what construction methods will be used to come across the Sound? He added that many people used natural gas before they moved into the County and see it as a positive alternative. Commissioner Huntingford moved to accept written comments on the franchise application until 5 p.m. on Friday, April 21, 2000 and to accept staff's recommendation to keep the deliberation portion of the public hearing open for- 60 days in order to develop the franchise agreement. Commissioner Harpole asked that staff work proactively with other utilities during this same time and that they may want to consider installing other types ofl:ines as well. Commissioner Harpole seconded the motion which carried by a unanimous vote. The Board recessed at the close of the public hearing and reconvened later in the day for th~ following public hearing. Chairman Wojt and Commissioner Harpole were present. Page 6 FINAL STAFF REPORT FRANCHISE APPLICATION for Cascade Natural Gas, Inc. for All of unincorporated Jefferson County AGENCY RESPONSES: 1. The Jefferson County Health Department made no comment. The Jefferson County Department of Public Works made the following comments: A) At this time there are no known operating natural gas pipeline distribution facilities in Jefferson CoUnty.. B) In accordance with Jefferson County Ordinance 01-0103,00, a surety bond, assignable savings account, or other collateral shall be provided to Jefferson County for the duration .of the franchise, with the amount to be determined by the Director of the Public Works Department. c) Notification of an application by Cascade Natural Gas Corporation for a Certificate of Public Convenience and Necessity has been received from the State of Washington Utilities and Transportation Commission. D) The proposal needs to be reviewed for consistency with the Comprehensive Plan. The Jefferson County Department of Community Development made the following comments: A) The issuance of this franchise is categorically exempt from the State Environmental Protection Act (S.E.P.A.). The Prosecuting Attorney's Office made nocomment. Fire Protection District No. 1 made the following comments: Final Staff Report Cascade Natural Gas, Inc. Franchise Application Page lof4 A) B) C) D) At this .time none of the varioUs fire service agencies in Eastern. Jefferson CoUnty :have, the funds` to train and equip their personnel for trench rescue in the event of a construction accident. Unless Cascade Natural Gas Corp., can guarantee that they will provide their own trench rescue personnel and equipment, Cascade Natural Gas Corp. should be required to train and equip a consortium of fire fighter/rescue workers. It would be very beneficial to the fire service of Jefferson County if Cascade Natural Gas Corp. were to provide comprehensive training and equipment in the eVent of a natural gas emergency in the County. Maps to all gas pipeline road crossings should be distributed as soon as possible in order that the various emergency services can plan alternate routes during' the construction phase. Fire Protection District No. 2 made the following comments: B) c) Trench rescue - JeffersOn County. Fire Protection District #2 does not have trench rescue equipment or ample personnel trained in this area. If this project is approved the applicant must provide their own trench rescue equipment and team when operating within the 'Fire District #2 boundaries. Firefighting Equipment -.JCFPD#2 does not have adequate equipment to deal with a :fire of this magnitude. Resource funding for equipment is needed. Firefighter training -:JCFPD#2 would request funding for additional training of personnel to the level of response needed. Our Fire District is made up of volunteer responders.- Fire Protection District No. 3 made the following comments: A) B) Cascade Natural Gas Corporation guarantees they have the capability and would not require emergency trench/confined space rescue response from outside sources. Cascade Natural Gas Corporation provides start-up funds for equipment and training involving trench/confined space rescue, so a Jefferson County .Trench/Confined Space Rescue Team can be formed. Then be capable of proViding the response during and after the construction phase is completed. Fire Protection District No. 6 made the following comments: Final Staff Report Cascade Natural Gas, Inc. Franchise Application Page 2 of 4 B) District N'o.~ 6 volunteers cannot provide trench or confined :space rescue, in the event of an: accident involving trapped pipeline workers, iOur limited funding and training for this type of rescue operation severely hinders our capabilities. It would be of great benefit to both Jefferson County and Cascade Natural Gas Corporation if all of the interested parties could cooperate and set up greatly needed training and supplies for trench/confined space rescue. This Would give fire jurisdictions the necessary experience for incident response in the event of natural gas emergencies. The Jefferson County Sheriff's Department made no Comment. FINDINGS: 1) The proposed franchise is in conformance with the Jefferson County Comprehensive Plan Utilities Element (Chapter 11). However, conditions contained in applicable policy in the Comprehensive Plan may need to be incorporated into any franchise agreement negotiated. Cascade Natural Gas Corporation has made an application for a Certificate of Public Convenience and Necessity with the State of Washington Utilities and TransportatiOn Commission. 3) The proposal is reflected in the application filed by Cascade Natural Gas on February 24, 2000, which is made in accordance with the Jefferson County Ordinance 01-0103-00. 4) The issuance of this franChise is categorically exempt from S.E.P:A. 5) The county'S Fire Protection Districts have stated that they are not equipped for or trained in emergency procedures associated with the construction and operation of natural gas transmission and distribution facilities~ 6) A public hearing was scheduled and conducted on Monday, April 17, 2000, from 2:00 P.M to 2:30 iP.M, in the Board of Jefferson County ' Commissioners chambers to take testimony on the application. Further, notice of said public hearing has been carried out in accordance with applicable law,: having been published twice in the Final Staff Report Page 3 of 4 Cascade Natural Gas, Inc. Franchise Application Leader on March 22 and: 29, 2000, Additionally, notice was posted at the Jeffers°n County Courthouse, the City of Port Townsend City Hall; and~VariOus United States Post Offices through out Jefferson County. The Board of Jefferson County Commissioners, after hearing testimony (minutes attached), held the hearing open for written comments until 5:00 P,M., Friday, April 21, 2000 and, based on staff recommendation continued i the deliberation portion of the public hearing for 60 days in order to develop a franchise with Cascade Natural Gas, Inc. 8) After receiving no further comment, staff, in cOnsultation with the Jefferson County Prosecuting Attorneys office, prepared a draft franchise for CaScade Natural Gas, Inc. based on the Jefferson County Ordinance 01-0103-00, with consideration given to comments received prior to the public hearing, and testimony at the public hearing. 9) The Draft Franchise develoPed by staff was transmitted to Cascade Natural Gas, Inc. on May 9, 2000 for their review and comment. The development and finalization is still underway and is now anticipated tobe completed by the end of June 2000. STAFF RECOMMENDATION: The recommendation is to have the Board close the deliberation portion of the public hearing, as it unnecessary to continue this portion of the hearing while the franchise is completed, and direct staff to continue negotiations with Cascade Natural Gas, Inc., to develop a mutually acceptable non-exclusive franchise agreement baSed on Jefferson County Ordinance 01-0103-00, with consideration given to comments contained in the Final Staff Report and the testimony received at the public hearing for presentation and the Board's review and approval. Attachments: Preliminary Staff Report (w/o attachments) April 17, 2000 Public Heating Minutes Final Staff Report Cascade Natural Gas, Inc. Franchise Application Page 4 of 4