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Week of July 23, 1990
The meeting was called to order by Chairman George C. Brown.
Commissioner B. G. Brown and Commissioner Larry W. Dennison were both
present.
APPROVAL OF MINUTES: Commissioner Dennison moved to approve the
Minutes of May 29, June 4, 11, and 18, 1990 as corrected. Commissioner B.
G. Brown seconded the motion which carried by a unanimous vote.
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PUBLIC WORKS
Mathematical Error on Appraisal Report: RhodY Drive/Four Corners
Road Air ort cut-of~ Road Intersection pro'ect: Public Works Technician
IV, Aubrey Palmer, eported that a mathematical error was made on the
summary of conclusions for the appraisal report on a parcel of right-of-
way for the Four Corners/Rhody Drive/Airport Cutoff Road Intersection
project. This error has no effect on the total appraisal for the pro-
perty. Commissioner B. G. Brown moved to approve the appraisal on the
property for the Four Corners/Rhody Drive/Airport Cut-off Road Inter-
section and to allow the project to proceed. Commissioner Dennison
seconded the motion. The motion carried by a unanimous vote.
AGREEMENT and Reauest reI Reimbursable Work: Brinnon School Dis-
trict: Gary Rowe, Public Works Director, reported that this request is for
chip sealing the parking lot at the Brinnon School. Commissioner Dennison
moved to approve the Reimbursable Work Agreement for the Brinnon School
District as well as the request as submitted. Commissioner B. G. Brown
seconded the motion. The motion carried by a unanimous vote.
Notice of Hearing on APplication For Franchise on Black point
Road: Sam Bolinq: Commissioner Dennison moved to approve Resolution No.
72-90 setting the public hearing on this franchise for construction of a
water line on Black Point Road, at 10:30 a.m. on August 13, 1990. Commis-
sioner B. G. Brown seconded the motion which carried by a unanimous vote.
Notice for Termination of Local cooperation Aqreement: Department
of the Army: Construction of EmergencY Bank protection on Little Ouilcene
River: Construction Engineer Bruce Laurie explained that since the County
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commissioners Meeting Minutes: Week of July 23, 1990
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cannot show title to the right-of-way for this project, the Department of
the Army will not provide any funding. Commissioner B. G. Brown moved to
sign the letter acknowledging the termination of the local cooperation
agreement with the Department of the Army for the bank protection project
on the Little Quilcene River. Commissioner Dennison seconded the motion
which carried by a unanimous vote.
Revisina county proiects Desiqnated as: CRØ811 and CR,S79: Beaver
valley Road Improvements: Bruce Laurie reported that these revisions
reflect the correct funding for these two road projects. Commissioner B.
G. Brown moved to approve the following:
Resolution No. 73-90 re: Revising CRØ811 - Beaver
Valley Road Project (Milepost 6.31 to 7.03)
Resolution No. 74-90 re: Revision CRØ579 - Beaver
valley Road Project (Milepost 7.03 to 7.66)
commissioner Dennison seconded the motion. The motion carried by a un-
animous vote.
DEED reI Riqht-of-way: Old Eaqlemount Road: John and Shan Nes-
sett: This Deed is for a piece of property off of Old Eaglemount Road,
Gary Rowe reported. The Nessett's had a survey of their property and it
was found that where the road is established the property had never been
deeded to the county. Commissioner B. G. Brown moved to accept the deed
for the right-of-way as presented. Commissioner Dennison seconded the
motion. The motion carried by a unanimous vote.
Call for Bids: Three Used passenqer Cars: Three more vehicles
are needed, Gary Rowe reported, to supplement the County's car pool because
the demand for cars continuously exceeds the supply available. Commis-
sioner B. G. Brown moved to approve the call for bids and set the opening
for 10:30 a.m. August 6, 1990. Commissioner Dennison seconded the motion
which carried by a unanimous vote.
Resignation from the Solid Waste Advisory committee: Gary Rowe
reported that Al Giersch, a member of the Solid Waste Advisory committee,
has submitted his resignation. Commissioner Dennison moved to accept Al
Giersch's resignation. commissioner B. G. Brown seconded the· motion which
carried by a unanimous vote. A letter of appreciation will be sent to
Mr. Giersch and an advertisement will be published for a replacement.
Open Riqht-of-way Permit: Numerous streets in the First Addition
to oil City: Applicant Bruce W. Stevenson: This request, Gary Rowe report-
ed is to open right-of-way on several streets in the oil City Plat, on the
north side of the Hoh River near its mouth at the ocean. Mr. Stevenson
owns Lot 5 of Block 39 and Lots 6, 1 and 19 of Block 9 of this plat. This
property is within the jurisdiction of the Shoreline Program. The u.S.
Department of the Interior, Olympic National Park, is strongly opposed to
this request for the following reasons:
a) Some of the property that Mr. stevenson owns is
within the Olympic National Park.
b) The Oil City portion of the Olympic National Park
is designated by the Congress as "potential wil-
derness addition" to the Park.
c) The National Park Service owns all timber rights
on all subdivided land within the Park, including
Mr. Stevenson's.
d) The Washington State Legislature ceded jurisdic-
tion to the united states for all lands within the
Park, which could require the u.S. to give their
consent to this proposal.
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The Public Works Department recommends denial of the application and that
Mr. stevenson be directed to the U.s. Park service regarding their pro-
posal.
commissioner Dennison moved to deny the request as recommended. Commis-
sioner B. G. Brown seconded the motion. The motion carried by a unanimous
vote.
AGREEMENT and Request reI ReimbursaÞle Work: PUD of Mason county:
Gary Rowe reported that this request is to repair road and driveway cross
cuts for the Mason County PUD #1. Commissioner B. G. Brown moved to ap-
prove the Reimbursable Work Agreement and request for the Mason County PUD.
Commissioner Dennison seconded the motion which carried by a unanimous
vote.
ReimbursaÞle Work Reauest: city of Port Townsend: This request
is for oiling various city streets, Gary Rowe reported. Commissioner B.
G. Brown moved to approve the request as presented. Commissioner Dennison
seconded the motion which carried by a unanimous vote.
CONTRACT reI RhodY Drive Overlay CRØ883: Lakeside Industries.
Inc.: Commissioner B. G. Brown moved to approve the contract with Lakeside
Industries, Inc. of Port Angeles for the Rhody Drive Overlay project as
awarded. Commissioner Dennison seconded the motion which carried by a
unanimous vote.
Authorizinq Application to the state Interagency committee for
outdoor Recreation: Funding Assistance: Port Hadlock Area and for the Olym-
pic/Discovery Trail: Carter Breskin reported that these resolutions if
approved, will authorize the Public Works Department to make formal ap-
plication for funding from the state Interagency Committee for Outdoor
Recreation to acquire property in the area known as "Tsetsibus" (Skunk
Island vicinity) and for the Olympic/Discovery Trail. These grants would
require at least a 50% match from the County.
Commissioner B. G. Brown moved to approve Resolution No. 75-90 authorizing
the application to the state IAC for funding to acquire properties in the
Tsetsibus area for use as a park. Commissioner Dennison seconded the
motion.
Hank Snelgrove presented a petition with overSOO signatures stating that
the Port Hadlock area needs to be enhanced by acquisition of a park. The
Chairman called for a vote on the motion which carried unanimously.
Carter Breskin stated that the second grant application is for planning
services for the beginning phase of the Olympic/Discovery Trail. Commis-
sioner Dennison moved to approve Resolution No. 76-90 Commissioner B. G.
Brown seconded the motion which carried by a unanimous vote.
Kay Goodhue asked if there is any funding already allocated for this trail
through the IAC? Carter Breskin explained that there is $190,000.00 ap-
proved for the 1990 budget, but the contract has not been received for this
funding yet. Bill Goodhue asked if any of the funding can be used for
purchasing property? Gary Rowe reported that the funding is for planning
and acquisition. The planning has to be done first to determine the route
of the trail.
The Chairman called for a vote on the motion. Commissioner B. G. Brown and
Commissioner Dennison voted in favor of the motion. Chairman George Brown
voted against the motion.
Authorizinq ADPlication to Department of Natural Resources:
Aauatic Land Enhancement Grant: Carter Breskin reported that this applica-
tion for funding is to acquire a 5.3 acre parcel of property which is
adjacent to the Oak Bay Park. This property would increase the access to
the water. Commissioner B. G. Brown stated that he can not see any ad-
vantage to the County if this property is acquired. Gary Rowe reported
that acquiring this property will give the County ownership of the property
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commissioners Meeting Minutes: Week of July 23, 1990
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and prevents future problems. This grant, if approved, will provide 75% of
the funding for acquisition.
Commissioner Dennison stated that the value he sees to the county is ecolo-
gical and to protect the shoreline. Commissioner B. G. Brown added that he
has no problem authorizing the application, but before the property is
approved for purchase he wants to know exactly why the acquisition of the
property would be a benefit to the County. Commissioner B. G. Brown moved
to approve Resolution No. 77-90 authorizing the application for funding to
the state Department of Natural Resources. Commissioner Dennison seconded
the motion.
Kay Goodhue asked if the current property owner could limit access to the
beach? Commissioner B. G. Brown reported that anything the property owner
does would not limit access to the beach at the park. The Chairman called
for a vote on the motion which carried unanimously.
PLANNING AND BUILDING
state Environmental Policy Act Review: Threshold Determination:
Bywater Bay Water system: Hood Canal Bridqe: Pope Resources: This environ-
mental review is of the Bywater Bay Water system, Planning Director David
Goldsmith reported. The system includes two wells, a storage reservoir,
and a booster station. The environmental checklist was then reviewed. The
main environmental impacts will come during construction of the system.
The Coordinated Water System Plan requires that fire flow and fire hydrants
be included in the area to be served. Pope Resources and the PUD have in-
cluded these items in their water system plans.
David Cunningham, Pope Resources, reported that there is 8,500 feet of
transmission lines and 13,000 feet of distribution mains in this system as
well as 10 hydrants and a fire booster pump. This is about a $600,000
system. The PUD will take over the system for public ownership and opera-
tion and Pope Resources will be paid back for the tap fees of property
owners who are served by the system. The State Department of Health and
the State Department of wildlife have approved the project and are waiting
for this environmental review before making their final approvals. There
is a capacity for 125 taps, David Cunningham continued, and there is excess
capacity, in well development and transmission lines for another 180 taps
for outside users. The two wells are capable of serving a total of 315
connections.
commissioner B. G. Brown moved to issue a mitigated determination of non-
significance and lead agency status with the mitigation as proposed.
Commissioner Dennison seconded the motion. He then asked what the environ-
mental impact may be if all of the tracts that can be served by this system
are built to full capacity. commissioner B. G. Brown reminded Commissioner
Dennison that this project, which is just a water system, is all that is
being considered at this time and any additional projects would have to be
submitted for approval as they were planned for development.
David Goldsmith reported that the cumulative impacts of development in this
area would not be required to go through SEPA because of the nature of the
development. The best time to address cumulative impacts was then dis-
cussed.
David Cunningham stated that the number of re-subdivisions that will be
done in this area in the future may be surprisingly few due to the topog-
raphy of the area. The discussion then turned to what items would be
included in the scope of an environmental impact statement on this project.
David Cunningham added that the expectation for additions to the water
system are from property owners to the east and south of the service area,
not from re-subdivision of the parcels already served.
The Chairman called for a vote on the motion. Commissioner B. G. Brown and
Chairman George Brown voted for the motion. commissioner Dennison voted
against the motion.
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commissioners Meeting Minutes: Week of July 23, 1990
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Amend Jefferson county Development Code: To Meet state Leqisla-
tion: state Hazardous Waste Manaqement Act - RCW 70.105: Requirinq Local
Governments to Desiqnate Land Use Zones in Which Hazardous Waste Treatment
and storaqe Facilities are Allowed: Associate Planner Jerry Smith reported
that the Planning Commission is recommending that the Jefferson County
Development Code be amended to include State requirements regarding hazar-
dous waste on-site and off-site treatment and storage facilities. Three
sections of the Development Code need to be amended: Definitions, Excep-
tions and Industrial Use.
A consultant, Greg Waddel, has drafted these proposed amendments, Jerry
smith reported. Mr. Waddel presented a summary of background information
on this issue. He noted that the State of Washington Hazardous Waste
Management Act takes the power to determine the location of hazardous waste
disposal and incineration sites, away from local government. They did ask,
however, that the local government develop a Hazardous Waste Management
Plan and designate storage and treatment of hazardous waste produced by
small users. Industries that produce over 220 pounds of hazardous waste
per month requires regulation by the State. The Port Townsend Paper Mill
and Indian Island are the only two entities in Jefferson County that are
regulated by the State.
You can store a certain amount of hazardous waste for up to 90 days on the
site and then it must be transferred to an approved site. The closest
approved site is Arlington Oregon. The treatment of the hazardous waste is
for storage and transport.
Jerry Smith then reviewed the Planning Commission recommendation (See
Planning Commission Resolution). Commissioner Dennison moved to approve
Ordinance No. 3-90 amending the Jefferson County Development Code as recom-
mended by the Planning Commission. Commissioner B. G. Brown seconded the
motion which carried by a unanimous vote.
Final Lonq Plat: Olympic Shores: 4 Lot Residential Subdivision:
coyle Peninsula properties. Al Schoenfeld: Jerry Smith reported that this
final plat approval is for a 4 lot long plat proposed by Al Schoenfeld.
The Planning Commission reviewed this final approval and felt that the turn
around on the final plat did not meet their original intent. The propo-
nents have had the final mylar amended to include the turn around as re-
quested by the planning commission.
Commissioner B. G. Brown moved to approve the final Olympic Shores Long
Plat as recommended by the Planning Commission since condition #3 has been
met. Commissioner Dennison seconded the motion. The motion carried by a
unanimous vote.
Conditional Use #CC19-90: Port Ludlow Mini-storaqe: Walker Way
and Talbot Drive. Port Ludlow: Expand Existing Mini-storage: Richard Duce:
This is a conditional use approval for the expansion of the existing Port
Ludlow mini-storage facility~ Jerry smith reported. The proponent intends
to expand to the north, west and south of the current facility. This will
include fenced, secured, parking for storage of recreational vehicles, etc.
The Planning Commission was charged with considering the conditional use
and the expansion of a non-conforming use and the development standards.
Jerry smith then reviewed the recommended conditions submitted by the
Planning Commission for this expansion of a conditional use. Commissioner
B. G. Brown moved to approve the conditional use with the conditions as
amended by the Planning Commission. Commissioner Dennison seconded the
motion which carried by a unanimous vote.
Final Bindinq site Plan: 186 Unit Recreational Vehicle Camper
Club. Includinq a Clubhouse: Anderson Lake Road. 1/3 Mile west of Rhody
Drive: Everqreen Coho corporation: Jerry Smith reported that the Planning
Commission found that not all of the conditions of the preliminary binding
site plan have been met on this Recreational Vehicle Camper Club project.
Commissioner B. G. Brown moved to table action on the final binding site
plan until such time as all the conditions are met. Commissioner Dennison
seconded the motion. The motion carried by. a unanimous vote.
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commissioners Meeting Minutes: Week of July 23, 1990
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GRANT AGREEMENT reI Centennial Clean Water Fund~ Ludlow Watershed
Action Planninq project: washinqton state Department of Ecoloqy: Commis-
sioner B. G. Brown moved to approve the grant agreement for the Ludlow
Watershed Management Plan with the state Department of Ecology. Commis-
sioner Dennison seconded the motion. The motion carried by a unanimous
vote.
FACILITIES MANAGEMENT
Emerqency Repair of the Elevator in the MUlti-services Buildinq:
Frank Gifford explained that an evaluation was done on the Multi-services
Building elevator. It was found that the piston that controls the elevator
needs to be replaced as soon as possible which is estimated to cost ap-
proximately $17,000. Commissioner B. G. Brown moved to declare an emer-
gency for the repair of the elevator at the Multi-services Building.
Commissioner Dennison seconded the motion which carried by a unanimous
vote.
'* '* '*
Establishinq Salaries of county Commissioner Districts and Amend-
inq Resolution No. 75-88: commissioner B. G. Brown moved to approve Resol-
ution No. 78-90 amending Resolution 75-88 setting the salaries for the
County Commissioners for 1993 to 1996. Commissioner Dennison seconded the
motion which carried by a unanimous vote.
CONSENT AGENDA: Commissioner B. G. Brown moved to adopt and
approve the items on the consent agenda. Commissioner Dennison seconded
the motion which carried by a unanimous vote.
1. Application for Assistance from the Soldiers and Sailors Relief Fund;
Paul A. Anderson in the amount of $50.00.
2. Request for Third Quarter Allotment from the Hotel/Motel Tax Fund;
Port Townsend Chamber of Commerce in the amount of $7,000.00.
3. Payment to Grays Harbor Regional Planning Commission; Coastal County
OCS-CZM contribution
The meeting was recessed at 1:30 p.m. so that the Board could
travel to the Upper Hoh area for the fOllowing hearing.
HEARING reI Proposed Stock Restricted Areas: U~per Hoh: West
End: 23 interested area residents came before the Board to discuss closing
a portion of the open range on the Upper Hoh. Chairman George Brown called
the meeting to order and introduced the Commissioners, Larry Fay, Environ-
mental Health Director, and the Clerk of the Board. He then read the hear-
ing notice and opened the public hearing.
Gary Peterson: Gary Peterson asked what the exact area that is being
considered for closure? Commissioner B. G. Brown responded that sections
29 and 30 of Township 27N, Range 11W, W.M. are the two areas. It is easier
to use section lines for the boundary of an area than to divide a section.
Mr. Peterson then handed out a summary of his family's farm operations. He
reported that the farm is his major source of income. There are basically
three issues as he sees it: Cow manure on the road, flies, and safety.
Flies, Mr. Peterson noted, are very abundant in the woods where there are
no cattle. If there is a concern about flies, he doesn't feel that a
business should locate within 70 to 80 feet of a corral.
In most of sections 29 and 30, Mr. Peterson continued, the speeds are slow
and there haven't been any problems with accidents. The cars drive slow to
avoid the bikes, dogs, and hikers that are along the roads. The impression
that there are cattle continually on the road is not correct.
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The drawbacks to closing open range or restricting it are: 1) it would
seriouslY jeopardize the ranching enterprise, 2) it would be difficult to
maintain 450 acres of open space without a profitable ranching operation,
3) open range has allowed the environmental impact on the valley to be
minimized because commercial fertilizers and herbicides are not used, and
4) a herd of about 45 Elk are supported throughout the winter, which could
not be done if the open range was closed.
Mr. Peterson then reviewed a map of his property. He also presented a copy
of a letter from Debra and Larry Miner asking that their names be withdrawn
from the petition that was submitted to request closing the open range.
Mr. Peterson concluded by noting that his ranch has been in operation for
60 years and asked that the Board not close the open range on the Upper
Hoh.
Mel Fraker: Mr. Fraker stated that he had trouble this spring with cows
breaking his fence. There is also problems with flies. He feels that in
this day in age cows don't belong on the roads and that Jefferson county
open range should be for Jefferson County residents, only.
Marilyn Lewis: Marilyn Lewis stated that everyone that has lived in the
Upper Hoh area has utilized open range at one time or another. Ranchers
cån't keep their cattle in, even if the range was closed. As long as there
is an Elk problem, there is no use talking about the problems with the
cows. Fire patrol protection taxes are paid by the property owners in this
County and the DNR does not respond to their calls. Someone is going to
have to be responsible from the State level on down for the fire protec-
tion. If the open range is closed in the Upper Hoh area and a tourist hits
a cow that an Elk let out, Mrs. Lewis asked who is responsible? The game
department doesn't respond. There is an Elk herd that has gone through all
of the fences on her property.
Ora Fraker: Ora Fraker stated that fences destroyed by Elk can be repaired
just like she has to repair fences destroyed by cows. The tourists have
complained to her every year, for the past 11 years, while she has been
flagging on the Upper Hoh Road. There are numerous flies when a herd of
cows comes down the road. There is no cooperation from Mr. Peterson to
help with repair of fences due to the cows damaging them.
Glvnda Schaad: Glynda Schaad stated that her family has shown their com-
mitment to the Hoh River area over the years. They have been attempting to
make a living in an area that is difficult to make a living in. She asked
that the Board listen to her family from a logical standpoint as opposed to
an emotional one. If fences are being broken down and it is their cows
that did it, then they have an obligation to help repair them.
Gene Owens: Gene Owens stated that he doesn't have too many complaints
other than just cleaning up the area. He doesn't feel that closing the
open range is necessary. If there is a complete closure then a family will
be put out of business. He noted that Mr. Peterson has been very helpful
to him in repairing fences when it was required. Some tourists are pleased
about the cattle on the road and others complain about it.
Mary Huelsdonk: Mary Huelsdonk added that in other areas there are painted
cattle guards on the road. Commissioner B.G. Brown noted that in areas
where painted cattle guards are used there are also real cattle guards and
fences. The cows relate the painted cattle guards with the real ones.
Marilyn Lewis: Marilyn Lewis asked who pays for painting the cattle
guards, the tax payers? If the open range is closed in two sections, that
is as good as closing it completely. Someone will have to be responsible
for the Elk breaking down fences.
Marv Huelsdonk: Mary Huelsdonk stated that she tries to keep her cows off
the highway, but if they are out on the river and a fisherman wants to go
through, they will, and that is how the cows get out.
Norm Robinson: Mr. Robinson noted that when
the Clearwater no cattle guards were built.
this road to graze cattle. We just want the
property owners property.
the County closed the range on
There isn't enough grass along
cattle off the road and on the
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commissioners Meeting Minutes: Week of July 23, 1990
Page: 8
Marilyn Lewis: The tourists don't even know what livestock is, Marilyn
Lewis added. You can't close only a portion of the open range and have the
tourists understand where those areas are. There is a definite fire hazard
in this area.
Oscar Peterson: Oscar Peterson stated that he has a corral next to Mr.
Robinson's building which is not used, but if the open range is closed that
corral will have to be used and then there will be a real problem. Mr.
Peterson stated that he allows anyone to cross his property to access the
river to fish. If the open range is closed, that property will have to be
fenced and posted to keep people out. This is the one unique place in the
U.S. where people can access the river and the forest across private land.
Ora Fraker: Ora Fraker added that they have trouble with the Elk, but now
they also have trouble with the open range cattle damaging their fence.
The open range people don't want to compromise at all. Partial closure is
a compromise.
Gary Peterson: Gary Peterson noted
regarding cows breaking down fences
fencing to repair what was broken.
causing the trouble was identified,
that his only contact with the Fraker's
was this spring and he offered them
within a week after the cow that was
it was hamburger.
Bob Huelsdonk: Bob
to close the range?
becomes responsible
in the R.C.W.
Huelsdonk asked what happens if the decision was made
Commissioner B. G. Brown noted that the cattle owner
for the actions of their animals. This is all outlined
David Richmond: David Richmond related a story about a dog spooking a cow
and damaging the back door of his car.
Bob Huelsdonk: Mr. Huelsdonk noted that if more information was exchanged
and there was a little more neighborliness in the area, the County would
not have to close the range.
Kathy Dickson: If the open range was closed on the Lower Hoh it would be
impossible to do anything without fencing off the river, Kathy Dickson
added.
Ora Fraker: Ora Fraker asked how all of east Jefferson County range was
closed? Commissioner B. G. Brown stated that it was closed sometime in the
1930's and it had something to do with the population of the area.
Hearing no further comment for or against the closure of the open range,
Chairman George Brown closed the public hearing.
Discussion ensued regarding possible solutions to the problems and concerns
brought up at this hearing.
The meeting was recessed and reconvened on Thursday July 26, 1990
with Chairman George C. Brown and Commissioner B. G. Brown present. Com-
missioner Dennison was out of town at a seminar.
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Commissioners Meeting Minut$s: Week of July 23,1990
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SETTLBMD'I' AG;REJDIE!f1'an4 . Rele....e: ..Jaitiqa~~on on. the con.struction
Contract for the Jeffersoncounty.correctionsccenterwith PalmerConstruc-
tors.J;nc.: Fidelity an4DepqsitèompanyofMarylan4:commissionerB. G.
Brown moved 'to approve.. and .·have the. C1).airman sign . the settlement . agreement
and. release foX'm with Fidelity ªnd Depos!t Company of· Maryland regarding
the litigationcover the. construction o~·theJefferson county.correotions
Center·with Palmer constructors, .Inc. Chairman George Brownseconded.the
motion in the absence of Commissioner Dennison. The motion carried by a
únanimous vote.
JEFFERSON COUNTY
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~qe C,·. r~, Chauman
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B ..G. Brown, Member
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Lørlla L,Dè-ane1, . · .. · . .
Clerk of the Board
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