Loading...
HomeMy WebLinkAboutM060203 District No. 1 Commissioner: Dan Titterness District No.2 Commissioner: Glen Huntingford District No.3 Commissioner: Wendi H. Wrinkle County Administrator: David Goldsmith Clerk of the Board: Lorna Delaney MINUTES Week of June 2,2003 The meeting was called to order by Chairman Dan Tittemess. Commissioner Glen Huntingford was present. Commissioner Wendi H. Wrinkle was not present. COUNTY ADMINISTRATOR BRIEFING SESSION: County Administrator David Goldsmith reviewed the following items for the Board: . Commissioner Wendi Wrinkle has submitted her resignation effective June 15,2003. Auditor Donna Eldridge and Election Supervisor Karen Cartmel eXplained that the remaining Board members have 60 days from the date of the resignation to appoint a person to fill this vacancy. The Democratic Central Committee will submit 3 names of interested persons who live in the third Commissioner District. Chairman Tittemess asked if there is a time frame for the Democratic Central Committee to submit the names? Donna Eldridge advised that the only deadline is the 60 days for the Board to make the appointment. . The Housing Authority has submitted a request for help with their insurance. A Housing Authority is very important for Jefferson County because the County has the second highest gap between earned income and housing costs in the State. A letter has been drafted requesting that the Housing Authority Insurance Trust continue the insurance coverage for the Housing Authority PUBLIC COMMENT PERIOD: The following comments were made: Two Realtors representing property owners on Marrowstone Island advised that there are properties on the Island that have more than one well and could be subdivided but the County's seawater intrusion regulations prohibit any subdivision. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Huntingford moved to approve all of the items on the Consent Agenda as presented. Chairman Titterness seconded the motion which carried. 1. RESOLUTION NO. 22-03 re: Authorizing the Annexation of Certain Properties into Fire District No.2 Page 1 Commissioners Meeting Minutes: Week of June 2, 2003 ~-.ll~~"'\ ~/."" ~"Ir';"'" 2. HEARING NOTICE re: Six Year Transportation Improvement Program; Hearing Scheduled for Monday, June 23,2003 at 10:05 a.m. in the County Commissioners' Chambers 3. AGREEMENT, Amendment No.3 re: Consolidated Contract 2003-2004; Jefferson County Health and Human Services; Washington State Department of Health 4. Right of Way Permit Renewal re: Use and Maintain a Portion of Hood Place, Located in the Canal Tracts, South of Brinnon; Robert & Margaret Deason, Applicants The Board met in Executive Session with the County Administrator from 10:05-10:30 a.m. regarding a personnel matter and froml0:30-11 :00 a.m. with the Prosecuting Attorney, the County Administrator, the Assessor, the Director of Community Development and an Associate Planner regarding potential litigation. Nicholson's Irondale Reserve Addition: The Board came out of Executive Session and Commissioner Huntingford moved that since the right-of-way was recognized through the standard road vacation process, and since it is generally accepted that property in unified ownership that is divided by recognized rights-of-way creates distinct parcels, DCD is directed to recognize 9 parcels. Chairman Titterness seconded the motion which carried. Interview and Possible Appointment to Serve on the Jefferson County Housing Authority Board: After interviewing Richard Suryan, Commissioner Huntingford moved to appoint him to the Housing Authority Board to fill an unexpired term ending February 1, 2004. Chairman Titterness seconded the motion which carried. Bob Parsons re: Presentation and Possible Adoption of Bill of Rights Defense Resolution: Approximately 30 citizens were present when Bob Parsons, representative for the Bill of Rights Defense Committee for Port Townsend and Jefferson County, read a statement (see permanent record), gave a presentation, and presented a petition with 2,178 signatures. The freedoms in the Bill of Rights are a birth right; and the Patriot Act allows government to collect information about citizens without their knowledge. There are 3 branches of power in the United States: the Legislative, the Executive, and the Judiciary and the Patriot Act is eroding the balance of power. After September 11, the government began to take on much broader authority which included entering a person's house and taking them away. Racial profiling is more evident than it has ever been. The U.S.A. Patriot Act does not provide "security" because giving up freedoms is not security. Page 2 Commissioners Meeting Minutes: Week of June 2, 2003 ø;.":'."-~k\ l"!J1 :~i,~,....::,;."(.;1 '{.~ Chairman Titterness stated that he supports the proposed resolution. He noted that he has a question regarding a statement in the draft resolution about the role of the Jefferson County Sheriffs Office. He asked that the County Administrator, the Prosecuting Attorney, and the Sheriff review the resolution, make any necessary revisions and put it on the Board's agenda for next week. Conservation Futures Fund Citizen Administration and Oversight Committee re: Recommendation for 2002-2003 Property Acquisitions: Barbara Bowen, Natural Resource Division, thanked the Committee for the competent manner in which they executed their tasks. Dennis Schultz, Vice Chair of the Citizens' Oversight Committee, reported that there were 2 members on the Committee who recused themselves from reviewing the applications because of possible conflicts. He explained that this is the first time the Committee has solicited and reviewed applications. They received 2 applications for 2003: 1) for the purchase of a conservation easement for Sunfield Farm, and 2) for joint acquisition ofthe Chimacum Creek Estuary by the State Department ofFish and Wildlife and the North Olympic Salmon Coalition. After reviewing the applications and doing site visits, they applied the rating system developed by the Citizens' Advisory Board that set up the Conservation Futures Fund. He then reviewed the 2 proposals. The Committee voted unanimously to recommend $150,000 in funding for the Chimacum Creek Estuary project; and they voted 8 to 1 to recommend funding the Sunfield Farm Easement project. Bert Loomis, Committee Member, added that the time line for funding the Chimacum Creek Estuary project is the end of June. There was a brief discussion about the additional funding that will be needed for the Sunfield Farm project. There is a hearing scheduled on these recommendations next week. Discussion with Possible Adoption re: Interim Official Controls (Development Regulations) for Marrowstone Island - Seawater Intrusion Ordinance No. 03-0303-03: Associate Planner Josh Peters explained that on May 27 there was a public hearing on MLA03-202 on the proposed UDC amendments for protecting aquifers against seawater intrusion which is the County's response to a Compliance Order by the WWGMHB. Policy statements recommended by the Planning Commission are also included. Staff, under the Board's direction, developed a matrix that indicates of compliance measures, additional measures, and the Planning Commission's recommendations. Natural Resource Manager Dave Christensen reported that the matrix was developed by taking items 1-4 of the Hearings Board Order and a map of Marrows tone Island and adding information from the existing interim code, the petitioners public testimony recommendations, the Planning Commission's recommendation, and the staff recommendation. Looking at all this information helped to clarify the issues and identify things that don't fit, but are necessary in the Compliance Order. The matrix is available on the Jefferson County website. Page 3 Commissioners Meeting Minutes: Week of June 2, 2003 ~::,~,~;;;ç-~"s '.~- v·· ...;;.-'.' ·'""..1 Each Hearings Board order was discussed (see matrix in permanent record.) · Order #1 regarding well samples. . Order #2 regarding the definition of "degradation." The concentration of chlorides is only an indicator. In a high risk SIPZ (Seawater Intrusion Protection Zone), the applicant is required to submit a hydro geologist's assessment which then goes to the State DOE for review. Chairman Titterness does not feel that the ordinance addresses this. Also UDC Section 3.6.5.d(9)iv.C.L(c) needs to be revised and is not listed on the matrix. Staff replied that the matrix will be corrected. Order #3 regarding the timeframe to redraw SIPZ (Seawater Intrusion Protection Zone) maps. Staff replied that the UDC requires all maps to be updated annually. . Order #4 regarding finalizing adaptive management programs with other agencies and the specific degree of seawater intrusion which will constitute "degradation" that would result in imposing additional protection standards. Currently there is an MOA with the PUD for the voluntary monitoring program, education is being handled by WSU under an existing MOA, and on May 31, the Planning Commission held a workshop on Marrowstone Island regarding Water Conservation. The Seawater Intrusion Policy is docketed for 2003 Comprehensive Plan update and the Hearings Board will be told that it is going through the public process. Commissioner Huntingford stated concerns about restricting the water drawn from wells to 400 gallons a day. He feels that water conservation needs to be voluntary at this point. Dave Christensen replied that staff could not agree on this issue and chose not to make a recommendation. Chairman Titterness stated that he agrees with the recommendations in Order #1. On Order #2, he agrees with the recommendations, but directed that the Hearings Board be notified that this order is not an attainable goal by any agency within the State of Washington and there is no best available science to prove that this statement is incorrect. The discussion continued about placing a daily withdrawal restriction on water from private wells because this is something that is not under the County's purview. Dave Christensen pointed out that the County can tell the Hearings Board that more rigorous protection standards have been proposed and will be adopted. The only other actions that can be taken are a complete moratorium on development or a limit on water use. The Hearings Board would have to respond. Chairman Titterness replied that legislatively and bureaucratically at the State level there is no help to deal with the issue of saltwater intrusion. The Hearings Board has provided little guidance except to make demands. This needs to be brought to a decision point now. Deputy Prosecutor David Alvarez suggested that the well water withdrawal restriction not be included in the ordinance. Commissioner Huntingford stated that he agrees with most of the recommendations. He thinks that having people volunteer to conserve water is much better than telling them they don't have a choice. Josh Peters stated that there are several water saving options that can be incorporated into building permits such as variable pumps and no outdoor spigots. Commissioner Huntingford clarified that the limit for withdrawal from existing wells will be removed from the ordinance and there won't be a restriction of 400 gallons on Page 4 Commissioners Meeting Minutes: Week of June 2,2003 £f... '::-."'..-~.". ("~' ~S) ~~'Y new wells, but they will require low flow pumps and a storage system. Dave Christensen noted two restrictions that staff added were eliminating the use of water softeners that use salt and prohibiting outdoor water spigots using well water. Commissioner Huntingford moved that Item 4(e) on page 11 and Item D-ll(e) on page 12 in the UDC amendments be deleted. Chairman Titterness seconded the motion which carried. Commissioner Huntingford asked about the remaining process. Dave Christensen explained that the hearing was held last week on this issue and all of the comments from the hearing were addressed. Staff will draft up a short ordinance amending the UDC and the document before the Board will be an attachment. There will also be a resolution adopting the policy. This ordinance and resolution will be finalized next week. David Alvarez pointed out that although the deadline before the Hearings Board is this week, the County can communicate to them that the work is completed, but won't be finalized until next Monday. Letter of Support for the Jefferson County Housing Authority Board Policy Coverage; Julius Scoggins, Housing Authority Risk Retention Pool: Commissioner Huntingford moved to have the Chair sign a letter of support to the Housing Authority's insurance provider regarding their policy coverage. Chairman Titterness seconded the motion which carried. MEETING ADJOURNED JEFFERSON COUNTY BOARD OF COMMISSIONERS "':.<~\ ~ T 'i t 0 '.t .?~~.t;~. ';;;y- ~ 'J" ;/()~'''', .:~ 0 /,~ ~,. ,' ' .........>/ ¡. ,~ 4 . .,. )'" 11:: \.".' .1IJ"'.. .1: ~/>. .. .,( .l~.! #,,-" ...". ': 'l- ......A· / {.. . ' ~, '" ;). if _. ,. ~ 10. .. " "'!.. .... . ~. t . \_.........1,.... . .... A'FTE~T~ . ~~. '" ~ Dan Titterness, Chair ~ng ord, ,J(J4iUl f1j~lf2L{ vG2a Delaney, CMC cr Clerk of the Board (Excused Absence) Wendi H. Wrinkle, Member Page 5 FilE COpy The Consent of the Governed, In America we share a common birthright of individual freedoms guaranteed to us by the US Constitution and, particularly, by the Bill of Rights. Since September 11, 2001, our rights have been threatened and eroded by the Patriot Act, the Homeland Security Act and various edicts issued by the President or the Attorney General. The Bill of Rights Defense Committees are building a national grass- roots movement for protecting our freedoms. The Patriot Act was signed into law on October 26, 2001 barely six weeks after the bombings in New York and Washington, DC. It was 343 pages long and passed Congre~s with little opposition and no debate. Soon its impact became apparent to citizens around the country. By January 7, 2002 the first Bill of Rights Defense Resolution was passed in Ann Arbor, Michigan. From Alaska to Florida, from Massachusetts to Hawaii¡towns, cities, counties and even states have formed committees, developed resolutions, gathered signatures on petitions of support and passed resolutions in their local governing bodies to preserve the rights of their citizens. According to the framers of the Declaration of Independence a just government derives its power from the consent of the governed. The people of this free country are taking a stand for the protection of their rights and the rights of all those who cannot speak out. The Bill of Rights Defense Committee of Port Townsend and Jefferson County grew out of a workshop on civil rights in times of threat which took place on February 22, 2003. The newly-formed group met weekly for two and half months with sub-groups working on the resolution of response, the forum and other means of public education, the petition process, and the general task of spreading the word and getting signatures. After our public forum, more people joined in the work. So in time our membership numbered over forty people. As with all Bill of Rights Defense Committees ours is strictly grass roots. The committee members work in partnership sharing the work and enjoying the effort. We are multi-partisan and represent many perspectives on all issues. The common denominator is a commitment to the freedoms which define America and which are its promise to the world. We believe that the real power of the United States lies not in armaments but in the fundamental rights its people share. 5/26/03 1/: 40 ~YYì A RESOLUTION affirming Jefferson County's commitment to protecting The Civil Rights and Liberties of all Jefferson County Residents The Jefferson County Board of Commissioners, representing the citizens of Jefferson Countx, Washington, fully supports the United States Constitution and its first ten amendments, the BI,II of Rights, and the Washington State Constitution" as being ~sse.nt¡al to the health of ~he Republic. and its democratic process, The fundamental rights and liberties guaranteed therein are essential to the well being of the citizens of Jeffefson County, Washington. WHEREAS, Congress passed the USA PATRIOT Act (PL 107-56), on October 26,2001, following the horrific attacks on America of September 11, 2001; and WHEREAS, many provisions of the USA PATRIOT Act, the Homeland Security Act and other related Federal and Executive orders and measures may pose a threat to the civil rights and liberties of the residents of our City, including those who are immigrants, by potentially: a. Reducing judicial supervision of telephone and Internet surveillance; b. Expanding the government's power to conduct secret searches without warrants; c. Granting power to the US Secretary of State to designate domestic groups, including political and religious groups, as "terrorist organizations"; d. Granting power to the US Attorney General to subject non-citizens to indefinite detention or deportation even if they have not committed a crime; e. Granting the Federal Bureau of Investigation (FBI) access to sensitive medical, mental health, financial and educational records about individuals without having to show evidence of a crime; f. Granting the FBI the power to compel libraries and bookstores to produce circulation or book purchase records of their patrons, and forbidding disclosure that such records have been requested and produced; and WHEREAS, the Jefferson County is proud of its long and distinguished tradition of protecting the civil rights and liberties of all its residents and affirming the fundamental rights of all people; and WHEREAS, a nation engaged in or preparing for foreign wars must do everything in its power to lessen fear at home and reinforce constitutional protections for those who in wartime may be victimized; and WHEREAS, the Bill of Rights of the United States Constitution and the Declaration of Rights of the Constitution of the State of Washington guarantee all people living in the Jefferson County freedom of speech, assembly and privacy; equality before the law and the presumption of innocence; access to counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures; and WHEREAS, the preservation of civil rights and liberties is a pillar of American society and is essential to the well-being of our Republic and its democratic processes, particularly during times of conflict when such rights and liberties, especially those of immigrants and ethnic minorities, may be threatened, intentionally or unintentionally, under false pretense of national security or patriotic zeal; and ' WHEREAS, the Jefferson County denounces terrorism, and acknowledges that federal, state and local governments have a responsibility to protect the public from terrorist attacks, and should do so in a rational, deliberative and lawful fashion to ensure that any new security measure enhances public safety without impairing constitutional rights or infringing upon civil liberties; and ~HEREAS, law enforcement and security measures that undermine fundamental rights do Irreparable damage to US institutions and values of equal justice and freedom that the residents of the Jefferson County hold dear; and WHEREAS, the Council of the Jefferson County believes that there is not and need not be conflict between security and the preservation of liberty, and that residents of this City and this nation can be both safe and free; and WHEREAS, at least 81 cities and counties in more than 20 states, including major cities such as Seattle, Chicago, Philadelphia and Detroit have enacted resolutions reaffirming support for civil rights and liberties in response to the USA PATRIOT Act and subsequent government policies and laws that threaten these values, demanding accountability from law enforcement agencies regarding their use of these new powers NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE JEFFERSON COUNTY, THAT WE: AFFIRM the Jefferson County's strong support for fundamental constitutional rights and its opposition to federal measures that infringe on civil liberties; REQUEST the Jefferson County Police Department to continue to protect residents' freedom of speech, religion, assembly and privacy; our rights to counsel and due process in judicial proceedings and protection from unreasonable searches and seizures, regardless of demands by federal law enforcement acting under new powers granted by the USA Patriot Act and any subsequent similar acts and orders of the Executive Branch that infringe on these rights; REQUEST the City Manager to report to the full City Council all requests of City police by state or federal authorities for information and action derived from the powers granted by the Patriot Act and similar federal orders; REQUEST the City to support the library system in its efforts to protect the free speech rights of library patrons; REQUEST that federal and state law enforcement officials acting within the City work in accordance with the policies of the Jefferson County Sheriffs Department, and in cooperation with the Department, by not engaging in or permitting detentions without charges or permitting racial profiling in law enforcement; REQUEST that the U.S. Attorney's Office and the Office of the Federal Bureau of Investigation regularly and publicly disclose the extent to and manner in which they have acted under the USA PATRIOT Act, new Executive Orders, or COINTELPRO-type regulations, including public disclosure of the names of any detainees; REQUEST our United States Congressman and Senators to monitor the implementation of the Act and Orders cited herein and actively work for the repeal of the parts of that Act and those Orders that violate fundamental rights and liberties as stated in the Constitutions of Washington State and the United States of America; RESOLVE that Jefferson County will vigorously resist any unconstitutional acts against its citizens, including invasion of privacy, expanded surveillance, and denial of due process that may come from application of the Homeland Security Act, related Executive Orders and by administration of the USA PATRIOT Act.