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HomeMy WebLinkAboutM050597 JEFFERSON COUNTY BOARD OF COMMISSIONERS District No.1 Commissioner: District No. 2 Commissioner: District No.3 Commissioner: Daniel Harpole, Member Glen Huntingford, Member Richard Wojt, Chairman Clerk of the Board: Director of Public Services: Deputy Director of Public Services: Lorna L. Delaney Gary A. Rowe David Goldsmith MINUTES Week of May 5,1997 The meeting was called to order by Chairman Richard W ojt in the presence of Commis- sioner Glen Huntingford and Commissioner Daniel Harpole. Approval of Minutes: Commissioner Huntingford moved to approve the minutes of April 14,21 and 28, 1997 as presented. Commissioner Harpole seconded the motion which carried by a unanimous vote. The Board then met in Executive Session with the Deputy Director of Public Services regarding personnel matters. PUBLIC COMMENT PERIOD: The following comments were made: Concern that approval of the two final plats listed on the Consent Agenda will erode the Comprehensive Plan process and when a building permit can be granted during the subdivision process? (AI Scalf reported that people put up for sale signs when summary approval is granted for a subdivision, but a building permit can't be issued until the final approval is granted for a subdivision. He will check into this further and report back at a later date); a man expressed concern about the moratorium ordinance that is on the Consent Agenda for approval, and asked how the Comprehensive Plan was developed; concern about a project that is currently not being allowed to proceed in submitting a short plat application even though the pre- application conference was completed (the discussion turned to what "in the pipeline" means. Commis- sioner Harpole explained that his motion said "new" applications and that is not referred to in the ordinance that is on the Consent Agenda for adoption today. The discussion then turned to the definition Page 1 ,",": . , 1..,_ 23 (' 273 Commissioners Meeting Minutes: Week of May 5, 1997 of a new application); a request that the County Commissioners communicate with the State Department of Transportation on the detour route for the road work being done on State Route 19 which is scheduled to continue through the summer tourist season. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Huntingford moved to delete items 1,2,3,6 & 8 and to approve and adopt the balance of the items as submitted. Commissioner Harpole seconded the motion which carried by a unanimous vote. 1. DELETE ORDINANCE re: Establishing "Interim Official Controls" Prohibiting the Division of Land in Jefferson County for a Period of 90 Days (See item later in Minutes) 2. DELETE RESOLUTION NO re: Approval of Maintenance Project mc 522; Water Heater Replacement at the Tri Area Community Center (See item later in Minutes.) 3. DELETE AGREEMENT re: Service Provider; To Perform Certain Tasks as Legal Technician; Jefferson County Prosecuting Attorney; Jennifer Wurtsmith 4. AGREEMENT #CA-041995-1, Supplemental No.3 re: Amending Scope of Work, Time of Beginning and Completion, and Payment; Larry Scott Memorial Park Project #CR 1069; Jefferson County Public Works; RH. Winters 5. LEASE AGREEMENT re: Fire Pump Test Pit Located on County property off Elkins Road; Jefferson County Public Works; City of Port Townsend 6. DELETE Letter of Agreement re: Use ofH. J. Carroll Park Property To Store Equipment While Making Improvements to SR 19; Jefferson County Public Works; Ace Paving (See item later in Minutes.) 7. MEMORANDUM OF AGREEMENT re: Job Training Partnership Act (1. T. P.A.) Program; Northwest Services Council 8. DELETE Amended Letter of Commitment re: Support of Jefferson County's Involvement in the Development of a Non-motorized Larry Scott Memorial TraiVOlympic Discovery Trail (See item later in Minutes.) 9. Final Plat Approval, #SUB 95-0052; Divide 6.199 Acres Into 4 Residential Lots; Located Off of Arcadia Drive, Port Townsend; Robert Hagen, Applicant 10. Final Plat Approval, #LPA 94-0003, Mats View Terrace; Divide 13.50 Acres Into 12 Residential Lots; Located West of Oak Bay Road, Port Ludlow; Harold, Marianne, and John Moe, Appli- cants 11. Reappoint Member to an Unexpired Term on the Jefferson County Housing Authority; Term Expires May 2, 1999; Julia B. Cochrane Letter of Agreement reo' Use of H. J. Carroll Park Property To Store Equipment While Making Improvements to SR 19; Jefferson County Public Works,' Ace Paving: Commissioner Huntingford asked if this arrangement couldn't be made without a formal agreement being written? Chairman W ojt noted that the fencing is needed because there will be work on the park during this time. He asked if the State would be willing to use some of their equipment on the park project? Klara Fabry stated that she will check with the State about this. Commissioner Huntingford moved to approve the agreement as presented. Commissioner Harpole seconded the motion which carried by a unanimous vote. Page 2 VOL 23 f~[,,274 Commissioners Meeting Minutes: Week of May 5, 1997 Amended Letter of Commitment reo' Support of Jefferson County's Involvement in the Development of a Non-motorized Larry Scott Memorial Trail/Olympic Discovery Trail: Commissioner Huntingford stated that the County sent one letter of support, so why is another letter required to say that non-motorized vehicles only will be allowed? This has clearly been the intent. Klara Fabry reported that the Port Townsend Paper Company had requested this additional letter of intent. Commissioner Huntingford moved to approve and sign the letter as submitted. Commissioner Harpole seconded the motion which carried by a unanimous vote. ORDINANCE reo' Establishing "Interim Official Controls" Prohibiting the Division of Land in Jefferson County for a Period of90 Days: Barry Berezowsky reported that he interpreted Commissioner Harpole's motion establishing the moratorium to mean that no "new" subdivision applications would be accepted. The question is whether or not a pre-application conference is the first step in the application process? A pre-application conference allows the property owner to present their conceptual proposal to the Permit Center staff to determine if that proposal can go forward and also provide guidance for what other information is needed by the Permit Center before the application is submitted. Many times there will be no application submitted after a pre-application conference, or the property owner will submit a completely different proposal than the one discussed in the conference. A subdivision application is totally different. The State Subdivision Statute requires a pre-application conference in some circumstances and the County's Regulatory Reform Ordinance requires this conference. AI Scalf reported that he assumed only projects that had submitted subdivision applications as being in the processing pipeline. The County's Regulatory Reform Ordinance states that a pre- application conference does not vest a project for the subdivision or SEP A process. Jay Levine pointed out that there is no indication on the pre-application form that would lead a property owner to believe that they are not starting the subdivision process upon having the pre-application conference. Commissioner Huntingford asked when the problems with the IGSO will be addressed so that the moratorium can be lifted? Barry Berezowsky reported that he is about halfway through a review of the issues in the IGSO and should have something ready to review in two weeks. The discussion then turned to what happens with applications that require a Shoreline Management Master Plan approval. AI Scalf reported that the Shoreline Management Plan will be updated to refer shoreline matters to the Hearing Examiner. Under Regulatory Reform, the Shoreline Administrator can combine the Shoreline and subdivision approvals into one process ifboth are required. Commissioner Harpole moved to approve ORDINANCE NO. 02-0505-97 an emergency ordinance being adopted pursuant to Chapter 36.70.790 and Chapter 36.70A.390 Revised Code of Washington establishing "Interim Official Controls." This ordinance established a moratorium on new subdivision applications for a period of 90 days from April 17, 1997. Chairman W ojt seconded the motion. Page 3 _ VOL ?3 'H'27~ ,-,' r"d' tJ Commissioners Meeting Minutes: Week of May 5, 1997 Chairman Wojt and Commissioner Harpole voted for the motion. Commissioner Huntingford voted against the motion. The motion carried. Approval of Maintenance Project TRC 522,' Water Heater Replacement at the Tri Area Community Center: Loring Bemis reported that the cost to replace the hot water tank in the Tri Area Community Center is estimated at $6,500. This is a 120 gallon, three phase unit and is more expensive to install than a household water heater. The final cost however may come in under that amount. Commissioner Harpole moved to approve RESOLUTION NO. 58-97 Commissioner Huntingford seconded the motion which carried by a unanimous vote. COUNTY DEPARTMENT BRIEFINGS COMMUNITY DEVELOPMENT: Frank Gifford, Comprehensive Plan Team, updated the Board on the upcoming activities for the Comprehensive Plan. Gary Rowe reported that a staff meeting is scheduled the day (Thursday) after each Planning Commission meeting. The Board is invited to attend that staff meeting at 3 :00 p.m. to discuss issues and provide input. PUBLIC WORKS DIRECTOR BRIEFING: Klara Fabry reported that the Design and Construction Engineer position will be advertised for an additional week. The job description for the Operations Manager has been modified based on input from Department staff The E. R&R. program management has been taken out of that job description and will be put directly under the management of the Public Works Director. This change in the management of the E. R & R Fund was then discussed. Commissioner Huntingford noted that he would like to leave this position as it is until a person is hired to fill it and that person has a chance to provide input into necessary changes. Commissioner Harpole agreed that the position shouldn't be changed until after someone is hired. Commissioner Huntingford noted that he doesn't feel it is necessary for prior Board approval for the road crew be allowed to use the equipment to help a community group, like the Little Leagues, on their own time if it is okay with the Operations Manager. Workshop reo' Water Resources: David Christensen reviewed the "Action Items" developed from three previous workshops on water issues. The primary issues are: Quilcene Well development Tri Area Water Role ofthe County in the Dungeness Quilcene (DQ) process of rule making in the Quilcene Basin Critical Aquifer Recharge Areas. Page 4 VOL 23 L',f,: 276 Commissioners Meeting Minutes: Week of May 5, 1997 The Board is being asked to provide input on the following issues: Issue 1) Water Resource Council Charter and the DQ process: The Prosecuting Attorney has advised that the County not sign the Water Resource Council (WRC) Charter without modifications. The WRC members have indicated they do not want to change their charter. The WRC was just awarded a grant to fund their administrative position. The action options are: · The County should sign the Charter, the WRC appropriate to fulfill the intent of the DQ. · Modifications to the WRC Charter is not an option for the Board to consider. · If the County doesn't sign the WRC Charter the County cannot direct the work of the WRC. Another group may meet the County's needs better for water issues. Chairman W ojt stated that he would like to see a decision tree for the policy choices the Board is being asked to make. Commissioner Harpole noted that if action items 2, 3, 4, and 5 are dealt with, then dealing with item 1 becomes moot. Larry Fay agreed that if the County identifies how to deal with the DQ measures, then working with the WRC is less important. Issue 2) What role should the County play in water issues: Action 2) Direct staff to negotiate with the City and the PUD. The County will begin to lead utilities to meet growth needs. Commissioner Harpole asked what the expense would be to do this and if there is State funding sources for this work? David Christiansen asked if the staff should set up a meeting with the City and the PUD to develop an Memorandum of Agreement (MOA)? Commissioner Harpole noted that item 2 is the start of the discussion to lead to a MOA as discussed in item 4. Action 3) Staffwill meet with the City to negotiate water planning issues. Commissioner Harpole suggested that the County meet with the City and the PUD. This is part of the Comprehensive Plan adoption process, David Christiansen reported. Action 4) Staff may negotiate with water purveyors to create a MOA stating that they will support County land use. Commissioner Harpole reported that it would be great if this option could be achieved. He suggested the words "developed in the Comprehensive Planning process" be added to the sentence that says "The MOA would include language that if the County land use plans determine that public water is necessary in an area not currently served by public water, then the purveyor will agree to develop a water system in the area in question." He feels this is the direction that the County should be going. Commissioner Huntingford noted that he feels this is what the Water Utility Coordinating Committee (WUCC) is already requiring. Larry Fay reported that he wants assurance from the utility that they are going to meet Page 5 ~ VOL 23 f~r.~ 277 Commissioners Meeting Minutes: Week of May 5, 1997 the water needs in their service area. David Christiansen reported that in the Tri Area, a water utility has claimed an area that they can't serve and this is a suggestion to keep this from happening in the future. Action 5) Direct staff to begin discussions with water rights holders about County cooperation, and the potential for incentives to reduce their water use through conservation measures. Chairman Wojt asked when the Board will be asked questions in a way that clear direction can be given so that staff knows what to do? He noted that there are two water purveyors in the Tri Area (the City and the PUD) and he feels a MOA needs to be written with their full participation, so that their assump- tions can be reviewed by all parties. Larry Fay noted that he is hearing the direction being given for staff to proceed with items 2 and 3. Chairman W ojt eXplained that he wants to be provided the pros and cons for each policy decision the Board is being asked to make. David Christensen added that he feels what the Board is asking for will provide the direction for item 7. PUBLIC COMMENT PERIOD: The following comments were made: A person reported that Pope Resources is selling two parcels of property on Discovery Ridge; and what will be in the study on water for the Tri Area and Glen Cove. BUSINESS FROM COUNTY DEPARTMENTS: PUBLIC SERVICES Letter to Senator Slade Gorton reo' Legislation on Fair Labor Standards Act (FLSA): David Goldsmith reported that Senator Slade Gorton is serving on a committee that is reviewing the Fair Labor Standards Act and how the provisions for Compensatory Time are provided to private and public sector employees. The proposal is to expand the classifications that would be subject to overtime provisions. He will draft a letter to the Senator stating the County's position on this issue. AGREEMENT reo' Juvenile Detention Demonstration Project; Proctor Home: David Goldsmith explained that this agreement is for the implementation of a low risk detention home for juveniles. A grant was received for this demonstration project. Commissioner Huntingford moved to sign the Agreement with Mr. & Mrs. Eades for the Proctor Home demonstration project. Commissioner Harpole seconded the motion which carried by a unanimous vote. Page 6 ~VOL 23 r~!;~ 278 Commissioners Meeting Minutes: Week of May 5, 1997 PUBLIC WORKS Jim Pearson reo' Development Review Update: Jim Pearson advised that an update has been submitted for the Board's review and noted that even though they expected development review business to drop offby now, it has not. The implementation of the Stormwater Ordinance appears to be working well right now. The Permit Center staffwill be taking over stormwater review for single family residences within the next two weeks. Development Review has been working on a number of issues regarding the acceptance of roads as public roads; standards for opening public rights-of-way; construc- tion standards for emergency access to plats, and standards for designating roads as primitive roads. HEALTH AND HUMAN SERVICES HEARING reo' Proposed Ordinance Defining the Responsibilities and Expanding the Membership of the Jefferson County Board of Health: The Chairman opened the public hearing on the proposed expansion of the Board of Health from 3 to 7 members. The four additional members shall be as follows: one elected official from the Port Townsend City Council, one representative that is a Jefferson County Hospital District #2 Commissioner, and two "at-large" community representatives from the unincorporated portion of Jefferson County. Commissioner Harpole asked how a quorum is defined? David Specter reported that a quorum is defined as a minimum of 4 members with at least 2 being County Commissioners. The two positions to be appointed from the community will be advertised in the Leader and notices will be sent to current members of Health Department advisory boards. Fred Obee, Leader Reporter, asked about budget oversight by the new Health Board? David Specter reported that establishing fees for public health services is within the scope of responsibility for the new Board of Health. Commissioner Huntingford noted that he still has some concerns about potential conflicts because the actions of the new Board of Health could have budget impacts and the Commission- ers who are now in the minority on the Health Board, set the budget for the Health Department. Hearing no public comments for or against the proposed ordinance, the Chairman closed the hearing. Commissioner Harpole moved to adopt ORDINANCE NO. 03-0505-97 which defines the responsibili- ties and expands the membership of the Jefferson County Board of Health. Commissioner Huntingford seconded the motion which carried by a unanimous vote. SOLID WASTE (PUBLIC WORKS) HEARING reo' Proposed Ordinance Establishing Fees For the Solid Waste Division: The Chairman opened the public hearing. Frank Hall reported that a draft ordinance has been proposed to reduce the tipping fees for franchise haulers and increase the tipping fee to other users of the County's Page 7 . VOL 23 rf.~,' 279 Commissioners Meeting Minutes: Week of May 5, 1997 transfer station. The Public Works Department feels that the Board doesn't have to make a decision on adoption of this ordinance today if they feel more discussion of the issues is needed. Diane Thompson, City Council Member, presented and read a letter from the City Council (see microfilm document. ) Tom McNerny, Brinnon, stated that he agrees with the points made by the City in their letter and explained that a big concern in the Brinnon area is the closing ofthe drop boxes in the outlying areas. He feels that accurate figures and more information are needed. Jim Westall, Skookum. Inc., stated that Skookum pledges to be part of finding a long term solution to these problems. He feels the community is strongly committed to recycling. Commissioner Huntingford asked ifhe feels that the people of the community are committed to paying for recycling? Jim Westall answered that he feels they are. Diane Thompson stated that the last time she checked, Port Angeles has not changed their ordinance to allow Olympic Disposal to use their facilities. Frank Hall added that disposing of the garbage at Port Angeles is not the only alternative for Olympic Disposal. Commissioner Huntingford pointed out that the County has looked at many ways to cut costs, including closing the drop box sites and reducing hours of operation. Many of these things are out of the County's control. Maybe the County shouldn't be in this business. Tom McNerny said that during a discussion in Quilcene about drop boxes, they were told that the drop box operations had to be self supporting. If a private company can go around the County and pick up garbage cheaper than the County can run the transfer station then maybe the County shouldn't be in the business. Anne Sears, Public Works Accountant, stated that the Public Works Department is not recommending a tipping fee increase at this time. They feel cost reduction measures can be implemented. Diane Thompson encouraged all the parties to work together to solve these problems. Hearing no further public comment the Chairman closed the hearing. Klara Fabry reported that she discussed this proposed ordinance with Paul McIlrath, Deputy Prosecuting Attorney, who couldn't be at this meeting, but advised that he has some concerns about this ordinance. Commissioner Huntingford asked for a long and short term time frame for resolution of these issues. Commissioner Harpole noted that the SW AC is meeting next week and maybe that is the appropriate place for the discussion to start. Klara Fabry advised that the SW AC has appointed a sub-committee to Page 8 VOL 23 fMl;280 Commissioners Meeting Minutes: Week of May 5, 1997 begin looking into long term solutions. She asked that the Board provide additional legal counsel from outside the County to help work on these issues. Commissioner Harpole said that he feels information on the values of the communities around the County regarding these Solid Waste issues is needed as well as information on what these communities are willing to support. They may have different values than the City residents. Commissioner Harpole moved to leave the solid waste fees at their current rate. Commissioner Huntingford seconded the motion which carried by a unanimous vote. The meeting was recessed at the conclusion of the business day and reconvened at 7:00 p.m. at the Brinnon Senior Center for the following hearing. AIl three Board members were present. HEARING reo' Proposed Ordinance Establishing a "No Shooting" Area in the Vicinity of Brinnon (Black Point Area): Approximately 25 interested area residents were present when Chairman Wojt opened the public hearing on the proposed "No Shooting" zone in the Black Point area of Brinnon. Fred Brandt explained that this petition was brought to the County because there has been shooting going on in the residential Black Point area. Groups of people have been coming to the area to do non-stop shooting from Friday through Sunday for the past two years. They were sometimes shooting with high powered rifles. There has been some loss of business at the Marina due to the shooting and it has scared people away from the area. The police have been called, but they say there isn't anything they can do about it. During hunting season there are hunters chasing deer across their property. This isn't an area that is meant for hunting because there is now too high a population density for that type of activity. He submitted an additional petition to be added to the ones previously submitted which says "The following registered voters, landowners, renters, marine and boat owners, visitors and tourists of Black Point. . . request that a No Shooting area be established on Black Point due to the residential and commercial nature of the area. " Chuck Finnila" stated that he and his wife own and operate the Pleasant Harbor Marina. They wholeheartedly support the adoption of a no shooting zone for this area. They have resided here a little over three years. There has been an increase in the shooting over the past 1 'l'2 years. The shooting occurs all hours ofthe day and night. It can be best described as a great nuisance and a potential hazard to the community. There has been a definite impact on their business, because the boaters are concerned for their safety. The shooting occurs some distance away, but the sound carries into the marina. Dick Van Cott, stated that he has been a full time resident of Rhododendron Lane on Black Point for 14 years. When they moved to Black Point it had been clear cut and was very open, and at that time it was safe to hunt in that area. About 12 years ago it was planted with fir trees which are quite tall now and Page 9 . VOL 23 LV:' 281 Commissioners Meeting Minutes: Week of May 5, 1997 there is no visibility for hunting. There are approximately 95 residences on Black Point. Black Point Road runs through the center of the area. He presented a sack full of rifle and gun shells and a cross bow dart. He stated there were hundreds of rounds where he picked up this handful. There is a trailer pad at the top of a hill and their target area is 4 feet below the crest of the hill. The people shooting were missing the target by about 3 feet over the crest of the hill in a direct trajectory with the marina. This isn't just an occasional incident. It starts at 8 a.m. and usually ceases about dark. This is a summertime event when the days are long and the shooting lasts through the evening. There is approximately one shoot every 10 to 15 seconds for 20 minutes, they will reload, and then it starts over again. It's un- nervmg. Jackie Van Cott, stated that both of their neighbors were unable to be at this meeting, but one family in particular hates the noise and the other family was the one that suggested that a petition be started. They've called the Sheriff's Department and the Deputies have come out, but they say there is nothing they can do until it's designated a restricted area. The people who do most of the shooting own an RV lot and come from the Olympia area. Scott Loring, stated that they should stop the one or two parties that are doing the shooting, not everyone that shoots in the area. He's lives on the other side of Black Point and has duck hunted there all his life. He shoots down in the slough area all the time and it's safe, but it's in the boundary of the no shooting area and he feels the boundary needs to be changed. He can understand the concerns of the residents in the area. Donnie Thacker then submitted another petition requesting that the delta area which is surrounded by a 180 foot bank be excluded from the no shooting zone. Commissioner Huntingford explained that the gentlemen are requesting that the area over the hill as you drive down to the Duckabush River in the estuary, be excluded from the no shooting zone. A fire arms safety course is taught in this area a couple times a year and the noise doesn't go anywhere. The Clerk explained that the boundary needs to be something that can be identified when a Deputy is in the area or the no shooting zone becomes unenforceable. An unidentified man suggested that the boundary be identified as anything within 1/2 a mile of Black Point Road and Rhododendron Lane. Wayne Hoffinan, stated that he's lived in the area for 35 years. These people are being intimidated by these shooters and they haven't had any satisfaction from the County Sheriff Fred Brandt, eXplained that the signs in the Black Point area are shot up with 4 to 6 holes all the way through them. It's dangerous in this area. The property owners are not concerned about people who hunt in the Duckabush River area because it's a protected area. Chairman W ojt asked why the milepost was chosen? Mr. Brandt answered that they chose that milepost because it was a discernable point on the Highway. They weren't aware there were people who were interested in shooting down over the hill because they never heard the shoots from there. The north and south sides of Black Point Road and Page 10 VOI_ 23 f,~U 282 Commissioners Meeting Minutes: Week of May 5, 1997 Rhododendron Lane area are in trajectory range for any shooting and it's an area of dense population for children and adults. Commissioner Huntingford eXplained that this is a no shooting ordinance and it doesn't prevent bow and arrow hunting in this area. The County doesn't have any jurisdiction over hunting that is the responsibil- ity of the State Department of Wildlife. Suzanne Wells related a story of her brother having someone shoot over his head while he was out for a walk in the Black Point area. They tried to call the Sheriff's Office and were told that they are an hour away and would have someone there when they could. No one showed up even the second time they called. She feels it's time something is done before something happens. Chairman W ojt noted that a no shooting zone designation gives the Sheriff the ability to do more than just talk to the people shooting, but, it doesn't mean that the Deputies will be down there any sooner. Brady Blake, Olympic Canal Tracts, stated that he duck hunts on the Duckabush and he is in full agreement that no shooting should be allowed among the houses in Black Point. He feels a new boundary should be identified in the south. He reported that the residents of Black Point can petition the State Fish and Wildlife Commission if they want bow hunting restricted in the area also. They can also ask for safety zones around their properties if they are close to public lands that are open to shooting. He reiterated that he doesn't want Duckabush Flats included in the no shooting zone. Joyce Rauch, 272 Rhododendron Lane, stated that she has lived at that address for 27 years and in the Brinnon area for 45 years. There isn't a direction on Black Point anymore where you can shoot. She has her property posted "No Hunting" and "No Trespassing," but has had hunters shoot deer on her property. There are shots fired at all hours even from 1 to 4 a.m. in the morning. It's frightening for the animals as well as children and adults. She agrees that Duckabush Flats should be excluded from the no shooting zone. Wayne Hoffman asked that the Board change the boundaries and pass the ordinance. Barbara Beetham 256 Wildwood Shores, asked the Board to consider creating this no shooting zone. She then related an experience of a house guest they had from Seattle who had been shot at while walking in the morning. Gene Patrick stated that the Board of Directors of the Pleasant Tides area agreed unanimously to support this petition. None of them could be at this hearing, but they felt very strongly that this is something very important to do. Mark Millard stated that he has lived in Brinnon for 27 years and he thinks a no shooting zone on Black Point is good. He does, however, object to the southern boundary as it was advertised because he is a duck hunter. Page 11 VOI_ ?3 'H" 28'1 ,...,' r..,;' tJ Commissioners Meeting Minutes: Week of May 5, 1997 Hearing no further comments for or against the proposed no shooting zone, the Chairman closed the public hearing. Commissioner Huntingford eXplained that the Board will review the boundary and make the necessary changes and then put the proposed ordinance back on the agenda for action. The meeting was recessed at the end of the scheduled business on Monday and recon- vened on Tuesday morning with all three Commissioners present. Review Alignment of Public Service Departments: Chairman Wojt presented a draft resolution and organization chart suggesting changes he would like made. He noted that the major change is to flatten the organization and give the Board of Commissioners more responsibility for setting policy. The system that's been in place for the last year and a half doesn't seem to be meeting the Board's needs. He envisioned that the office of the Public Services Director would carry on the day to day business of the County, be in close contact with the Commissioners, be a focal point for items the Board needs to address, and to bring the policy issues to the Board. From his point of view this hasn't been done. He said that the individuals in these positions can't be faulted for the dedication and skill that they bring to their jobs. It's the position and the way Public Services is organized that's in question, not the individu- als. Commissioner Huntingford noted that if the organization chart is flattened, the Board will still have a need for the information. If the Board isn't getting the information that Chairman Wojt feels they should be getting, it's probably the Board's fault for not asking or giving specific direction. He doesn't feel that changing the organization chart will solve the problem. Chairman W ojt said that he agrees, and feels the Board members will have to take a more active role which means they will have to spend more time and give better direction on what they want the organization to do and what kinds of information they want brought to them. The way the Board makes decisions has led to confusion. Commissioner Huntingford pointed out that other Counties have made changes similar to the change the made here a year and a half ago. They seem to be happy with the way things are working. He feels the Board owes all of their employees the courtesy of giving them direction. The Board hasn't done performance reviews for any of the employees that may be identified in the organization chart. The Board should consider a performance review and discussions with each of the employees to tell them specifically what they want them to do. If anyone's at fault it's the Board for not giving specific direction. He feels his needs have been met pretty well. If the decision making process isn't working, then more work will need to be done on that. He feels the Board owes all ofthe employees the courtesy of giving them a fair shake when they are asked to do things and to give them clear direction. Chairman W ojt stated that it's not a matter of evaluating the employees, it's to take a close look at what the Board is doing and the way they ask people to perform their tasks. He stated that the County is in Page 12 VOL 23 r.~r;: 284 Commissioners Meeting Minutes: Week of May 5, 1997 good fiscal shape because of the efforts of Gary Rowe; there are good personnel relationships due to the efforts of David Goldsmith; and the Public Works and Health Departments both are functioning well. The Board needs to look at the resources being put toward the Planning Department. AI Scalfhas done a masterful job of taking on an impossible job. If the County plans to have the Comprehensive Plan done by October or March, the resources to be put to this task need to be determined. The resources are being parceled out in a way that is not conducive to getting the job done. Commissioner Huntingford stated that he feels the changes suggested by Chairman W ojt will do very little toward funneling the resources toward the Planning Department. The County is currently spending approximately $300,000 per year and with the requests presented by the Planning Department for more staffit could mean a $600,000 Planning budget per year. He is concerned about those resources. The discussion continued regarding the need for more planning resources, and the need to reorganize the Public Services Department. Chairman W ojt asked what Commissioner Huntingford would suggest for changes? Commissioner Huntingford stated that he feels the Board set the Comprehensive Planning process back 6 to 8 months with the reconfiguration of the Planning Commission. If the changes proposed to the organization are made, that will also put the process back another 5 or 6 months. If the Board wants to be responsible and build confidence with the staff and the public, they need to be steady and firm, support the planning process to get it finished, and tweak the organization chart to fit the Board's needs, but not make major changes to it. Direction from the Board is lacking. Chairman Wojt stated that he thinks an opportunity was lost when the Board created that position and the position didn't involved itself in a way that the Board wanted. He feels that the organization chart he is proposing is more in line with what is happening. Commissioner Harpole stated that he feels there are a couple of separate issues. One is the organizational chart, and the second is the personnel to fill the positions in the organizational chart. He feels that the Board has not given clear direction. He has an issue with the items in the draft resolution which say that the Board has ". . . reviewed the assignment of personnel named in the attached organization chart. . . " and authorizing the Chairman to take such personnel and other administrative action. He is supportive of a change in the organization structure, but only in the structure. He feels that who will fill what position is another discussion. He feels that performance reviews are needed. He wants to be more actively involved in the administration of the County and that is his choice. He is willing to make the commitment to the additional time it will require. He has reviewed the RCW and it clearly states that the Commissioners have legislative, judicial, and administrative authority. He feels and desires a need for the Board to take greater leadership in the administrative duties. He likes the idea of flattening the chart. He feels it would be beneficial to the staff, the public, and the Board, with the caveat that the Board members put in the additional time it will take on probably a weekly basis to meet with all these department heads and work more closely with them on addressing the issues that are at hand, and demonstrate more leadership on where the Board wants them to being going with the workload, etc. He is supportive of the organization chart, but has a series of questions about who is filling which role and personnel review. Page 13 , VOL 23 w:~285 Commissioners Meeting Minutes: Week of May 5, 1997 Chairman Wojt stated that he feels the Board's job as managers is more than becoming an expert in the various areas. The issue today is how are we going to organize ourselves to assure that the Board is dealing with the policy issues and not micro-managing department business? Chairman W ojt stated that he feels it is time to begin this discussion. Commissioner Huntingford stated that he is concerned that this was put on the agenda, but nothing was given to the Board members before this meeting. He is also disturbed about the resolution saying that the Board would give the authority to the Chairman to make the necessary changes. Chairman Wojt stated that the issue is the question, and the question needs resolution. He's asked the questions, and he chose to ask the questions in this way. He knew he wouldn't be making the decision, and that the Board would have to think about this. The Board needs open discussions that deal with policy issues. Chairman W ojt moved to table this matter for two weeks. (The motion died for lack of a second.) Chairman Wojt suggested that the subject of next Tuesday's Public Services meeting with the Board be a facilitated discussion about this matter. Ken Lynn could be the facilitator. Commissioner Harpole asked if this organizational chart will be the topic of the meeting next Tuesday? Chairman W ojt advised that is correct. Ken Lynn stated that he would talk with each Board member about the requirements for that meeting and what the expected outcome would be. Commissioner Harpole moved to continue this discussion with facilitation by Ken Lynn, next Tuesday from 8 - 10:30 a.m. to discuss the organization of the administrative departments with the condition that all three Commissioners are able to attend. Ken Lynn will meet with each Commissioner before that meeting. Commissioner Huntingford seconded the motion which carried by a unanimous vote. Peter Bahls, Fisheries Biologist for the Port Gamble S' Klallam Tribe re: Fish Passage: Peter Bahls explained that fish restoration, environmental groups and the Tribe are here today to discuss the need to correct fish passage problems and to urge the County to take action to restore salmon habitat. (See microfilmed document.) Jerry Gorsline, Washington Environmental Council, reported that eastern Jefferson County has a disproportionate share of critical and depressed salmon stocks. AImost half of all the critical stocks in the State are found on the northeastern Olympic Peninsula. The State Salmon and Steelhead Stock Inventory Report was jointly developed by the Western Washington Treaty Indian Tribes and the Washington State Department ofFish and Wildlife and provides a consistent and scientifically based system of identifying and classifying salmon and steelhead stocks into the categories of: healthy, depressed, critical, unknown or disputed. It is the first step in a statewide effort to maintain and restore wild salmon and steelhead stocks and fisheries. Habitat alteration is clearly an issue in many watersheds. Wild stocks are the building blocks for any salmon conservation strategy. Without protection and restoration of the fresh water habitat, recovery will not occur and the stock will be driven to extinction. The following is the list of stock in eastern Jefferson County: Page 14 VOL 23 rM,~ 286 Commissioners Meeting Minutes: Week of May 5, 1997 Critical stocks - Discovery Bay Coho, Discovery Bay Summer Chum, Hood Canal Summer Chum Depressed stocks - Discovery Bay Winter Steelhead, Dosewallips Pink, Dosewallips Winter Steelhead, Duckabush Coho, Duckabush Steelhead, Hood Canal Coho Northeastern, Hood Canal Coho Southeastern, and QuilceneIDabob Coho. The National Marine Fisheries Service and the US Fish and Wildlife Service are currently reviewing the status of all salmonids along the West Coast. The most likely candidates for new listings include: Hood Canal Summer Chum, Puget Sound Chinook, and Lake Ozette Sockeye. Federal agencies and Courts would have broad powers to regulate Washington's watershed, fisheries, farms and land use practices if these stocks are determined to be endangered. It is better for Washingtonians to protect these fish themselves than to have federal agencies and courts do it. The Washington Environmental Council supports the removal of culvert blocks and views it as one of the best ways to restore Salmon habitat and production. It is a simple and highly effective restoration measure. Judith Reuben, Olympic Peninsula Foundation, explained that they sponsor programs that benefit the environment and the economy of the Olympic Peninsula. Their primary program is the Jobs for the Environment Program which includes displaced timber and fisheries workers to restore salmon habitat in east Jefferson County. They work closely with the Wild Olympic Salmon, the Port Gamble S'Klallam Tribe, Jefferson County Conservation District and the Washington State Department ofFish and Wildlife. They rely heavily on participation of private land owners and groups throughout the County to make successful programs happen. Since 1993 there has been over $28 million allocated for Jobs for the Environment program statewide. Last week the Legislature approved $9.1 million for this program again. Since 1993 OPF and its' watershed partners have received $883,000 from DNR for this program and have had in-kind matches that total over $300,000. The opportunity to apply for funding for projects for the next two years is between now and June. This is an opportune time to partner with the County Public Works Department to make some of the culvert removal projects happen on a 60/40 cost share basis. William Michael, discussed the cooperative culvert replacement project on Carl Johnson Road on a tributary to Tarboo Creek. The County did the actual culvert removal and replacement and the Jobs for the Environment Program crew did all of the restoration work off the County right-of~way. The project was completed around November 1 and the following spawning season there were 20 Coho salmon seen above the culvert utilizing the habitat. Chairman W ojt asked how much habitat was opened up? William Michael answered that approximately 3/4 ofa mile of prime Coho habitat was restored. Peter Bahls then provided information on where the blockages are in the form of a list prepared by the Washington State Department ofFish and Wildlife on unresolved fish passage problem areas. There are 12 listed that have been fixed by the Public Works Department in the past year. He explained that there are many types of fish barriers including: velocity blocks where the culvert is too steep, undersized culverts, or perched culverts. An additional 10 blockages have been identified on the West End by the Hoh Tribe. There are three culvert problems identified by Public Works that need to be evaluated for fish Page 15 VOL 5>3 LI: .287 ,..---. ~...~'.. ~ Commissioners Meeting Minutes: Week of May 5, 1997 blockage. There are approximately 25 total fish barriers that need to be evaluated. The State Department of Fish and Wildlife has an agreement with the County that they will survey every culvert and determine how many barriers there are and then put them on a priority list based on the length of habitat and the width of the stream. They are recommending that the County convene a Technical Team composed of representatives of the County, the State and the interested fish restoration organizations to prioritize the list that currently exists. Ray Lowry, North Olympic Salmon Coalition, explained that this is a Clallam and Jefferson County organization that receives money from various State licenses to pass along to entities doing projects on streams. They support the premise that is being presented today, but they will not be involved in the technicalities. They support the basic concept that culverts need to be taken care of There can be funding available depending on the proposals that are submitted to them by any of the involved entities including the County. An unidentified representative of the State Department ofFish and Wildlife, reported that the Wild Salmonid Policy is being presented by the State Department ofFish and Wildlife. There will be a hearing on this policy in Port Angeles on May 13, 1997 at the Vern Burton Center at 7 p.m. He then read from the manual which indicates that if the policy passes wild salmon stocks will be put in the habitat that is restored. This is a change from previous policies and will make any work to restore habitat viable. The Wild Salmonid Policy needs to pass if wild fish are to be put in the streams. If this policy doesn't pass working to restore habitat in these small streams will not be viable. Julie Jaman, Olympic Environmental Council, explained that there are five alternatives for handling growth in the County in the draft Comprehensive Plan, and all of the alternatives will impact fish habitat in this County. Fish and their habitat are important to the County's economy. The people of Jefferson County want to honor the fish heritage of this County. There is no doubt about the high priority ofthis issue for the citizens of this County. Before the County proceeds with new infrastructure to accommodate development and growth, we need to correct a public wrong because of being out of compliance with the law, potential liability, and because it's the right thing to do. Paula Mackrow, Jefferson County Water Resource Council, reported that most of the people that have spoken today are members of the WRC. The WRC has developed a work plan which includes staff time to help coordinate restoration efforts. She said that the County has been a good ex-officio member of the WRC and has carefully reviewed the plan recommendations regarding water resources and how they can move forward on those recommendations. The Health Department has worked hard to establish the well water database and sea water intrusion monitoring. Adopting the Critical Areas Ordinance and the Stormwater Ordinance were big steps for the County. Habitat management was another aspect of the DQ Plan and regional recommendation 8 says "It is recognized that rivers including the small streams, riparian and wetland habitats are important to the hydroponic functions of the basin." In all manage- ment actions the recommendation is to ". . . strive to retain, maintain, or restore structural and functional characteristics of river riparian and wetland habitats that are important to native and wild fish and wildlife. " What these groups are proposing today in terms of reassessing how the County uses Page 16 VOL 23 tV~ 288 Commissioners Meeting Minutes: Week of May 5, 1997 its resources, is an excellent opportunity to move forward on more recommendations from the Plan. The WRC has been offered grant funding to increase their staff time next year and they are offering to coordinate a Technical subcommittee of County staff, the Tribes and all other interested parties. William Michael, Wild Olympic Salmon, then read the recommendations as presented in the letter (see copy). 1. Direct the Public Works Department to convene a technical team composed of representatives of the County, State, Tribes, and interested fish restoration groups to do the following: a. Prioritize identified barriers and recommend the type of corrections needed by June 20, 1997. Additional habitat data will be collected by the Washington State Department of Fish and Wildlife by June 17,1997. By July 1, 1997 present the Commissioners with a proposed implementation schedule and cost estimates for fixing the identified barriers by June 1, 2000. At least 3 barriers should be planned for correction in 1997, 1998, and 1999, in order of priority if possible. Direct the Public Works Department to follow the proposed implementation schedule and insure that a stable funding source be available, with any changes in the schedule to be approved by consensus of the Technical Team. b. 2. Commissioner Harpole asked what a typical cost would be for culvert replacement? Klara Fabry reported that last year the project on Center Road (Barnhouse Creek) cost $68,000.00. This was one of the most expensive projects and that amount only covered the work in the County right-of-way. The restoration work was funded by the Jobs for the Environment Program. Judith Reuben, Olympic Peninsula Foundation, reported that even though there is grant money available statewide, there is no guarantee that any of the local area project applications will be funded. Commissioner Harpole asked ifbarrier removal is considered a high priority in a conservation strategy for Summer Chum? Peter Bahls answered that Summer Chum are in the Quilcene and the Dosewallips Rivers and as far as he knows there aren't any fish passage barriers in those rivers. The blockages are usually in Coho habitat in smaller streams where there is no riparian zone. Coho are still under consideration for listing as endangered species in the State of Washington. Commissioner Huntingford stated that the Board needs to discuss priorities with the Public Works Department. He needs more information on whether or not the County can spend money outside the right-of-way, and ifthe total cost is split 60/40 or if only the cost of the culvert work is split? He explained that the County works under a 6 year road plan which establishes priority for funding road projects and if this is going to be done are-prioritization of that plan will have to be done. Chairman W ojt added that cost estimates are needed for the various projects and that will take engineer- ing time. Peter Bahls agreed that engineering time is required for specific projects, but it won't take long to determine a preliminary cost estimate for a three year implementation schedule. The State Department Page 17 , VOL 23 :'M,:289 Commissioners Meeting Minutes: Week of May 5, 1997 of Fisheries has agreed to bring a crew of2 to Jefferson County to do the work necessary to prepare the upstream habitat information by June 17, 1997. AI Scalf stated that he supports this proposal. The question is commitment and this request is urging the Board to prioritize this commitment and support this program. Daryl Erflle, Public Works, reported that he spoke with the State Department ofFish and Wildlife yesterday and they indicated that their 2 man team that does upstream evaluations, will not be able to work in Jefferson County until the first of July because of prior commitments to other counties. Existing identified barriers could be prioritized, however. Peter Bahls reported that there is a list of identified culvert barriers and they are proposing that another State crew under the leadership of the local fish enhancement person prioritize the current list. The discussion continued regarding the need for this work, the funding available to help defray the expenses for these projects, the County's priorities for funds, and the best way to proceed. Klara Fabry reported that the Technical Team will need to work with the State Department ofFish and Wildlife. The State Department ofFish and Wildlife expects to have the prioritization done by the end of this year and they will also develop the technical solution for all of the projects. The Public Works Department can submit a proposal in the next 4-5 weeks on how the Technical Team can work with the State Department ofFish and Wildlife on the prioritization. Commissioner Harpole stated that because there is a June deadline for grant applications, he would like a report back as soon as possible. . c- . . </1 : .e Page 18 VOL 2'J pr; 290 ',-,,, J I t..~ '.