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HomeMy WebLinkAboutM010686 ? ,"~ , ) ./' / .J :'/ ) :; / i ! . I ! I -./-' I J~EE~BQg~ ~gU~IY ~QaBQ QE ~gtltlIQQIg~~BQ District No. 1 Commissioner: District No. 2 Commissioner: District No. 3 Commissioner: Larry W. Dennison, Member B.G. Brown, Member John L. Pitts, Chairman Clerk of the Board: Public Works Director: Jerdine C. Bragg Gary .A. Rowe --------------------------------------------------------------------- --------------------I-------~-~-~-~-~-~_:_--------------------------- Week of ,January 6, 1986 Commissioner Larry W. Dennison was not present when Chair- man John L. Pitts called the meeting to order at the appointed time., Commissioner B.G. Brown was in attendance. B~~QQQiQtm~nt tQ ~iYil Qg~Yi~~ ~Qmmi~~iQQ tQC tn~3n~~itf~~ Qffi~~~ m~~y ~~IICommissioner Brown moved to reappoint Gary Wall to a six year term on the Civil Service Commissioner for the Sheriff's Office. Chairman Pitts seconded the motion. Mr. Wall's term will expire November 10, 1991. ~~eB!Ng C~~ ~MQggi eQQCQQCi~iiQQ~ ECQ2g~MiingeiiQCQg~~a ~~Qggi~ Chairman Pitts opened the hearing on the budget appropri~ ation as requested by the Prosecuting Attorney's Office for an additional $52,667.00 for the purpose of paying legal fees relating to ESM and the jail arbitration. When no one appeared to speak for or against this budget appropriation, the Chairman closed the hear- ing. Chairman Pitts seconded Commissioner Brown's motion to approve and sign Resolution No. 1=~~ ordering that the emergency budget appropri~ ation for the Prosecuting Attorney's Office be approved and included in their 1985 budget. ~MQggi Ic~n2fgc Cg~ ~~CiQM2 ~QMni~ n~Q~cimgQi2~ Resolution No. ~=~~ was approved and signed by motion of Commissioner Brown, seconded by Chairman Pitts, to allow the budget transfers requested by the following departments: Health, Non-departmental, Cooperative Extension, Clerk, Superior Court, Juvenile and Family Services (2). ~~eB!Ng Cg~ ~MQggi eQQCQQci~iiQn~ NQn=YgQgcimgni~! ~MQg~i~ Chairman Pitts explained that this emergency budget appropriation request is in the amount of $1,600.00 to cover unanticipated expens- es. The Chairman then opened the hearing. When no one appeared to speak for or against the proposed appropriation, Chairman Pitts closed the hearing. . Commissioner Brown moved to approve Resolution No. ':;;=flQ ordering the appropriation of $1,600.00 to the Non-Departmental budget. Chairman Pitts seconded the motion. · egB~s~~NI Cg~ Bgnt~! Qf ~EW tl~!!~ tl~QQY ~~!!gy Y~n~gCa~ The rental agreement for the VFWHal1 with the Happy Valley Dancers was approved by motion of Commissioner Brown, seconded by Chairman Pitts. vot. 12 ~ACf o 1 Minutes: Week of January 6, 1986 Request for Buildina Rental Fundina from Soldiers' and Sailors' Relief Fund: Brinnon VFW Post 10706: After checking the RCW the Board will consider a Resolution at their next meeting setting a maximum of amount for building rental fees that will be paid out of the Soldiers' and Sailors' Relief Funds to qualified Veterans Organ- izations. HEARING ~ Budaet ADDroDriation: Correction Center Con struction Budaet: Chairman Pitts opened the hearing at the appointed time after explaining that this appropriation is in the amount of $133,103.00 which has been reimbursed by a Federal EOC Grant. Chairman Pitts closed the hearing when no one appeared to speak for or against this budget appropriation. Commissioner Brown moved to approve and sign Resolution No. 4-86 ordering the appropriation of $133,103.00 to the Correction Center Construction budget. Chairman Pitts seconded the motion. Mark Johnson, P.C.&D. Contractors re: Jefferson County Jail Completfon: Chanae Order No. 2L Mr. Johnson, representing P.C.& D. Contractors, explained to the Board that Change Order Number 7 was primarily for four months worth of power bills from the new jail. Mr. Johnson advised that when he prepared his bid for this job, his figures did not include power or phone bills. He did however, make an arrangement with the Sheriff, prior to starting the job, that he would pay for the phone, which is still agreeable to him. P.C & D.'s bid was based on the punch list. During the period from early June to early July, P.C.& D. did have the jail building to the pOint where it could be occupied as far as the punch list was concerned. The only things left on the punch list at that time were painting and planting items which would not have stopped the building from being occupied, Mr. Johnson added. Change Order #7 was to deduct approximately $4,300 from their contracted price for the power and phone bill. This amount represents almost all of the balance that the County currently owes P.C.& D. Mr. Johnson advised that he is willing to allow the deduct for the phone bill, but he does not feel that P.C.& D. should not be responsible for the full power for the building, especially since there is an in- efficient heating system which is not working properly, and had to be left running over the four month period. The job was substantially complete as far as P.C.& D.'s contract was concerned, within a month. Mr. Johnson advised that paying for one month of the bill would be better than paying for the four months of the bill that this change order covers. P.C.& D. issued a "Notice of Substantial Completion" for their work on the project on July 8, 1985, while the power company billings concerned cover a period to October 3, 1985. Another matter was then outlined by Mr. Johnson. The major portion of the P.D.& D. contract was for painting and the job was bid includ- ing basically labor only for this painting because it could not be determined if the paint that was at the site was the proper paint and enough paint to finish the job. David Johnston, Architect advised all the bidders to bid with the assumption that the paint material that was at the site could be used. Prior to starting the job, P.C.& D's paint contractor went to the site and checked the paint and found that one particular kind of paint could not be used because it was mixed long prior to the shelf life date, and was not useable. A Change Order was submitted at the direction of the Architect, for the paint that was purchased to replace this unusable paint, and the the additional paint that was needed to finish the job. VOl , 1'2 ~ACt.n Z Minutes: Week of January 6, 1986 Chairman Pitts asked the normal procedure regarding the paying of power bills by a Contractor since the building does not belong to the contractee until it is accepted by them. Mr. Johnson noted that normally the contractor is responsible for the power until the job is complete, but this job was unique because the prime contractor was not finishing th~ job. Mr. Johnson stated he is asking that P.C.t-< D. only be responsible one month of the power billing (from.June 7 to July 8, 1985) and submitted an itemized statement of the paint costs he would like have reimbursed. The Board advised that they would like to talk the Architect before making a decision on these requests. for he to with ~cnig ~~i~Q~ ~i~~=~u~i~m~Q~ 32Y~ tUg B~~gMC~g~ ~gmmittgg Cg~ gil QQ Qg~~h ~Q~tu ~QQ ~~at gf tUg ~Q~t tl~ygU~ Ernie Baird was joined by twelve concerned area residents to discuss oil found on the beach north and east of the Port Townsend Boat Haven on January 1, 1986, and reported it to the Coast Guard. On January 2, the Coast Guard reported the volume of the spill to be between 150 to 200 gallons. On January 3, more oil moved onto the beach but no revision has been made to the esti,mate of the size of the spill. Every time the wind blows vigorously to the South more oil moves onto the beach, which would indicate that the spill was greater than 200 gallons. From past experience it is known that bunker u~~~ (fuel oil used in freighters) may sink from the surface and not reach the bottom. There have been bunkering operations (a transfer of fuel from a barge to a ship) going on in Port Townsend Bay, even during gale warnings. This bunkering is being done by the North Paci4ic Oil Company. The volume of oil in one of the barges is about 300,000 gallons which can be 1) bunker sea fuel oil, 2) No. 1 diesel or 3) No.2 diesel. Bunker sea is the least toxic of these three types of oil, Mr. Baird continued. There has been no determination by the Coast Guard as to the source of this oil. Oil can be identified to a specific source through the use of gas chromatography. Mr. Baird asked the County to declare this bunkering, an activity that does require a Shoreline permit,in an expeditious manner, even today if possible, and at the same time direct this company to cease and desist operations until they obtain a permit. Mr. Baird further asked that the County oversee the oil clean up operation. Judy D'Amore, Director of the Marine Science Center at Fort Worden, reported that she is concerned about the impact this oil will have qn the Center as well as the impact on the area as a whole. Oil in the water endangers upper intertidal life forms such as birds and young fish and crustaceans. The infiltration of the bottom sediments with residues from this oil which may sink and eventually work it's way. into food chains and thus effect many more organisms. Mrs. D'Amore further questioned the compatibility of this bunkering operation with aqua culture projects. A petition was circulated in the community and was returned wi th over 700 signatures in a very short time, Mrs.! D'Amore stated and the~ submitted the petitions to the Board, which urged the Board to require this bunkering operation to be designated to fall within the jurisdiction of the Shoreline Management Act and be regulated on the local level. Chairman Pitts advised that the Board has been checking into this I through the Planning Department, to find out what avenues the County can take to regulate this activity. 111:'11 f? ~~r:r II 3 3 Minutes: Week of January 6, 1986 Mr. Baird added that the DOE has stated in a response to a letter, from Planning Director David Goldsmith that bunkering falls in a gray area as far as the Shoreline Management Act and Guidelines because neither governs bunkeriog explicitly. The local Shoreline Master Program can be amended to govern this activity on the local level. Once the permit process is initiated the County can direct the company to desist from any further operations until the permit process is complete. There is the potential to spill twice the amount of oil from a bunkering barge than was recently spilled in Port Angeles. Chairman Pitts advised that he would be in contact with the State and/or Federal agencies as soon as possible to make sure that the County acts in a legal and appropriate manner befOre any action is taken. Discussion continued regarding the authority of the various State, federal and local agencies. Mr. Baird then read a letter from the Admiralty Audubon Society stating their opposition to bunkering activities in Jefferson County. . The question right now, Rachel Nathanson, Assistant Planner with the Jefferson County Planning Department, reported is whether the County has the backing of, the State if a Shoreline permit is requested of the company doing this bunkering activity. Cooperative Extension Chairman Sally Weinschrott, stated her concern that an Emergency Program for the County being developed to handle an oil spill, and offered the services of her offices to help develop such a program. Chairman Pitts advised that he would check with the Emergency Set-vices Clerk in the Sheriff's Office to see what kind of program has been developed recently. Chairman Pitts then advised those present that Ernie Baird would be the contact person to keep those concerned updated on the actions the County decides to take. ~Y31~~33 EBQtl ~gY~IY Q~eaBltl5~IS: QI3IBI~I ~gYBI aQQ~QY~l gf a~l~ty tQC at~cting ~QaitiQn in Qiatcist ~9Y~tL Commissioner Brown moved to approve the salary for the starting position in District Court at $950.00 per month for the ,first six' months of employment. Chairman Pitts seconded the motion. ~sabI~ QsEeBI~s~I ~gNIBe~I Cg~ ECQfg~~iQne! 3gCYi~g2~ ~!~!!em ~QMni~~ sn= YicQnmgni~! ~g~!ib ~ng ~QmmMnit~ NMC~g 2gCYi~g2 fQ~ tbg ~~~i sng gf JgffgCaQn ~QMnt~~ The professional services contract with Clallam County for the provision of nursing and Environmental Health services to the West End of Jefferson County was approved by motion of Commis- sioner Brown, seconded by Chairman Pitts. ~gNIBe~I Cg~ Egc~Qne! ggCYi~g2L Linda ~~hg~~ e~ct=iimg EM~!i~ ~g~!ib NM~2g~ ~gffgC2Qn ~QMni~ ~g~!ib YgQectm~ni~ Commis- sioner Brown moved to approve the personal services contract with Linda Baker to perform the duties of Public Health Nurse for the . Health Department on a part-time basis. Chairman Pitts seconded the motion. ~gNIBe~I CgL ECQfg2~iQne! ggCYi~g2~ ~gffgC2Qn ~QMnt~ ~geltb ygQeCtmgnt tQ QCQYigg QM~!i~ bge!ib 2gCYi~g~ tQ tUg ~it~ Qf EQ~t IQ~nagng~ Commissioner Brown moved to approve the contract with th~ City of Port Townsend for public health services to be supplied by the Jefferson County Health Department. Chairman Pitts seconded the motion. 4 \'0'- I? rAGE n 4 Minutes: Week of January 6, 1986 EY~b!~ ~QB~3 Ngil ~~nQgc ~gn~ gQQQm~n g~nit~ilQn Cg~ gQ!i9 ~g2ig~ (See also Minutes of October 29, 1985) Mr. Vander Ven came before the Board, Public Works Director, Gary Rowe and Public Works Department, Administrative Assistant, Carter Breskin, t.o offer to donate the Purifax machine which he as purchased to the County. This machine is to process sewage sludge.. Mr. Vander Ven asked that in return he be allowed to dump an unlimited amount. of Jefferson Count.y septic wast.e at this plant. The machine is currently not in use. Mr. Vander Ven further stated that if t.he County accepts his donation it would be responsible to build the plant which would cost from approximately $350,000 to $500,000, but when it isin operation this plant could process over 15,000 gallons of sludge per day. One man can run the plant alone, with the operating cost being $.0175 per gallon of processed sludge. The ideal thing to do would be to investigate the possibility of entering into an agreement with Clallam County for this operation and then install the plant somewhere that would be accessible t.o each County. Chairman Pitts ~dvised that he would discuss this with the Clallam County Commissioners to see what their reaction would be to such a proposal, since they are facing the same disposal problems.. There are many questions to answer with regard to the possible use of the Purifax machine by the County. The Board confirmed that the fees for dumping sludge at t.he County Landfill will increase as stated in the new fee schedule since no other proposal has been accepted. BeE BM!g2 Bg~ 8gQQciing Qf I~~ffi~ QQ!i~ing g~tiYitiga ~iin ~gg~CQ t9 g!igiQi!it~ fQC BeE EMnQ~~ Gary Rowe reported that a new rules has been proposed regarding the reporting of traffic policing activities for the County's eligibility for RAP Funds. The proposed rule would be that the term traffic law enforcement as used in State law would mean 1) issuing citations for violation of t.raffic laws, 2) investigation of traffic accidents and 3) radar unit opera- tions but would not include such activities when they are incidental to other law enforcement activities. This is in response t.o problems that have happened in other Counties with regard to amounts diverted from road funds to Current Expense. Gary Rowe will t.alk with t.he Sheriff to determine the impact. this will have on the County and forward these comments to the County Road Administration Board before the January 15, deadline. E9~ifi~ NQcin~g2t ~g!! ~g~ ~!gim fQC Q~mggg2in~YccgQ Q~ ~QMnty BQ~Q YgQ~c!mgni gO EQMC ~QCngC2~ The Board directed that the Public Works Director submit a letter to them explaining the circum- stances with regard to this claim so that they can advise PNB of their denial of the claim. ~!2Cgn~g b~mmgCa Cg~ e~~g22 tQ QCQQgct~ f~Qm 38 ~Q~ Mr. Lammers was present when Rachel Nathanson explained the issue as being a request for a commercial access to SR 20 for Mr. Lammers property which is located 1,000 feet from the Old Fort Townsend Road. Mr. Lammers' property does abut the Otto Street right of way. Mr.. Lammers was informed by David Goldsmith, Planning Direct.or, that road accesses on Highway 20 are governed by the State but they do require a sign off from the County. Both the State .and the County have taken the position t.hatno further access be allowed on this road due to traffic impact, especially if there is additional access available somewhere else in the future. Mr. Lammers can develop access on to the Otto Street right-Of-way. 5 12 ~AGf n \ 5 Vel Minutes: Week of January 6, 1986 Mr. Lammers advised that the County does not own any property between his property and the state highway, and thus has no say in granting him an access to this highway. After further discussion Mr. Lammers advised that he would ljke a denial of access to SR 20 from the County in writing. Mr. Lammers claimed to have a permit from the State for an access to SR 20. Commissibner Brown noted that Mr. Lammers can have access on and off, his property from SR 20 if that is his only access point, but that does not necessarily mean that the State would grant a commercial access for this property to SR 20. Mr. Lammers advised after further discussion that he will discuss this matter further with David Goldsmith, the Planning Director. Eba~~l~g Q~EaBltl~~I ~~cign~g Bg9Mg2i~ E~Qii ~~ bQg2icQm~ ~! tli!!gC nCiyg~ ~gQ!Q~~~ ~~~gQtiQn tQ ~Q fQQi fCQnt 2gtQ~~~~ Assistant Planner, Rachel Nathanson explained the variance requested for the Board and Mr. & Mrs. Logstrom. This variance would allow the eight foot addition to the existing A frame house the Logstrom's own on Hiller Road in Hadlock. The eight foot addition is only setback 18 feet from the Hiller Road right-of-way. If allowed this setback would not interfere with the septic system and the addition is needed for more space and it makes the house lbok better according to Mr. & Mrs. Logstrom. The Public Works Department, Rachel Nathanson added, checked the site distance and found, no problem. Commissioner Brown moved to approve the two foot variance from the twenty foot setback requirement. Chairman Pitts seconded the motion. gil ~~nt~cing gRgc~~iQna in EQct IQ~na~ng ~~~~ (See previ- ous page of Minutes under appointment with Ernie Baird, Save the Resources Committee). Bob Duffy, Associate Planner, reported that the State DOE had responded to a letter regarding this issue sent by the Planning Director late last year, concurring that it is within the County's authority to seek a substantial development permit for the bunkering activity if the activity does interfere with the normal public use of the surface of the waters in the Bay. The Board needs to now make the decision, Rachel Nathanson added, whether the County will require this company to apply for a substantial development permit. Commissioner Brown expressed concern about the possibility of a legal challenge from this Company if the County requires them to go through the shoreline permit process and how far the State DOE would be willing to back the County's action in this regard. Commissioner Brown added that he would feel better if the State would be willing to put their support of the County's action in writing. (January 9, 1986) After several phone calls by the Chairman to the State DOE and a meeting with the County Prosecuting Attorney, Commis- sioner Brown moved to require that Pacific Northern Oil Company be required to apply for a Shoreline Substantial Development Permit and until that permit is approved an Order to Cease and Desist Refueling Operations be issued. Chairman Pitts seconded the motion. The order to cease and desist was mailed to Pacific Northern Oil Corporation's Seattle office on J'anuary 9, 1985 by certified mail. ~gCi~nkg Bg9Mg2i~ BQQgct ~~ggn~ ~ll~gQtiQn tQ ~Q fQQt ECQnt 3g~~~~t~ Robert Hagen owns a sawshop on Frederick Avenue and in proposing to build a garage on this property found that in order to allow the proper drainfield setback, the front setback from Frederick Avenue is only 18 feet, Rachel Nathanson reported. The Public Works Department found no site distance problem and the Health Department advised that the building permit could be approved if this setback variance is allowed. 6 'lot 1? . .. .,/ f'Ar.r n 6 f ,. ~ .to Minutes: Week of January 6, 1986 Commissioner Brown Hagen. The Health es before granting motion. moved to approve the variance as requested by Mr. Department will verify the actual setback distanc- their approval. Chairman Pitts seconded the bgtigc fCQm 5 ~5 5ntgce~i2g2 Cg~ EM~~b22g gf t~gg2 fQC cgQl~nting ~Mffgc ~Qng~ Rachel Nathanson reported that she will respond back to this letter about their planting schedule for the buffer zone. gc~nt Cg.t ~Qg2t~! ,lQng !j2n~ggmgni~ Commissioner Brown moved to allow the Chairman to sign the Grant for the Coastal Zone Management funds the County was awarded in July of 1985. Chairman Pitts seconded the motion and sign the proper papers. ~Q~i m~~ntL tlQgg G~n~l GgQcgineiing ~QYn~il.t Commissioner Brown moved to allow Commissioner Pitts to sign the205j Grant as Chairman of the Hood Canal Coordinating Council. Jefferson County is a participating member of the Hood Canal Coordinating Council. Chairman Pitts seconded the motion. The meeting was recessed on Monday evening and reconvened on Tuesday with Chairman Pitts and Commissioner Brown in attendance for a meeting with Walt Sowa, Clallam-Jefferson Public Defender regarding the Public Defender contract for 1986. The meeting was recessed on Tuesday and reconvened on Thursday morning (January 9, 1986) for.TF~' ers' Union negotiations. Chairman Pitts and Commis- sioner ",~'kpwn"" .IIfe! ,oth present. .' 0;,i-/",F;>?',,',<' >,,'>J~' .',' ., / '0~~, ".'Jy.y.;4 ~ >~ ,jr '. .;;. . 1.; "-'.~'~"-", , ~J)JOURNE~.t~," F',J ^ "'\oii"-$. :~;: i>~ ~' ~; '. ~ 'A~."'J.~ . ; "f ./f";'fJ;i',cf :. , ..~~.;i,:.~:~.,. .:J ~",' ,-',,>>'. I' "'. ,.., ,. '.' , . I, h ..)". ' 0#- ~ "I: ,.'JlI;'''':\'... '\ ',A. ....'..' (c:.~.t<. ~~"",,"- ATTES'T ::~f,'f', ,9 . .,) ~~,:<<:/ .~.' ""l!I:tJ "'" JEFFERSON COUNTY BOARD OF COMMISSIONERS ~ ,.- ,..L~ - ----~-----~------------- John L. Pitts, Chairman ~_~.h~~- Jerdine C. Bragg, ~~ Clerk of the Board B.G. Brown, Member '~J \101.. 12 rAC~ n 7 7