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HomeMy WebLinkAboutM022822 -to Include Hearing Comments on Fire Works & Body worn Video PRR 4L .- it:, ,.....,) MINUTES Regular Meeting — February 28, 2022, 9:00 a.m. Jefferson County Courthouse—Commissioners' Chambers 1820 Jefferson Street, Port Townsend, WA CALL TO ORDER: Chair Heidi Eisenhour, Commissioner Kate Dean and Commissioner Greg Brotherton participated in the meeting remotely. Chair Eisenhour called the meeting to order at the appointed time. She stated that today marked the anniversary of the first Covid death in the United States. The Commissioners reflected on the past two years of the pandemic. PUBLIC COMMENT PERIOD: The following is a summary of comments made virtually by individuals in attendance at the meeting and reflect their personal opinions: • Comment requesting that the Jefferson County website be more user-friendly and should provide better access to hearing materials. The Interim County Administrator demonstrated how to find information on the County website. • Comment regarding Consent Agenda Item No. 9 re: KPTZ grant, and a request that in regards to the tenth Jefferson County Personnel Policy on Covid-19, only employees that are vaccinated against Covid-19 should be given time off work to recover from a Covid-19 illness. • Comment regarding freedom of choice regarding Covid-19 vaccinations, and fighting misinformation. • Comment regarding the proposed Jefferson County fireworks prohibition. • Comment in favor of supporting the KPTZ grant. The Commissioners addressed comments and concerns raised during the Public Comment Period. Interim County Administrator shared information on the Scope of Work portion of the KPTZ Agreement,which was not originally included in the Agenda Packet. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Dean moved to approve the items on the Consent Agenda as presented, with the addition of the Scope of Work to the KPTZ Agreement(Consent Agenda Item No. 9). Commissioner Brotherton seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 09-22 re: Establishing and Approving Members to a Jefferson County Solid Waste Facilities Task Force 2. AGREEMENT,Interlocal re: Moderate Risk Waste Facility (MRWF) Operation; In the Amount of$49,107; Jefferson County Public Works; Port of Port Townsend 3. AGREEMENT re: State Route (SR) 19 Rhody Drive Pedestrian—Bike Improvement Project— North Segment, Project No. 1802076-1, Tri-Area Trail No. 850101, SR 19 M.P. 9.56 - M.P. 10.1; Jefferson County Public Works; Clark Land Office, PLLC 1 Commissioners Meeting Minutes of February 28, 2022 4. AGREEMENT NO. ICA22019 re: Improving the Quality of Public Defense Services; In the Amount of$35,902; Jefferson County Administrator; Washington State Office of Public Defense 5. AGREEMENT, Interagency re: Purchase of Assistive Listening Devices (ALD's) in Partnership with Centrum; In the Grant Funding Amount of$1,724.50; Jefferson County Public Health; Washington State Employment Security Department for the Jefferson County Accessible Community Advisory Committee (ACAC) 6. AGREEMENT,Interagency re: Purchase of Accessible Playground Equipment called, "The Serenity Spot"to be located at the accessible JUMP! Playground at HJ Carroll Park; In the Grant Funding Amount of$8,611; Jefferson County Public Health; Washington State Employment Security Department for the Jefferson County Accessible Community Advisory Committee (ACAC) 7. AGREEMENT,Amendment No. 2 re: Hoh River Master Plan Phase I; Additional Amount of $5,705 for a Project Total of$217,208, Extend the Period of Performance and Ad to the Scope of Work; Jefferson County Public Health;Natural Systems Design 8. AGREEMENT,Amendment No.3 re: Support School Based Health Clinic at Port Townsend High School, Chimacum High School and Quilcene High School; Additional Amount of$3,216 for Project Total of$67,536 and Extend Agreement Period; Jefferson County Public Health; Public Hospital District No. 2 (Jefferson Healthcare) 9. AGREEMENT re: Grant to Support Expansion of News Coverage; In the Amount of$10,000; Jefferson County Administrator; Radio Port Townsend aka KPTZ (9.19 FM) 10. AGREEMENT re: Easement for Utilities for the 7th and Hendricks Affordable Housing Project; No Dollar Amount; Jefferson County Administrator; Olympic Community Action Programs (OlyCAP) 11. AGREEMENT re: Approval of a Revised Grant to Provide Support of the 7th and Hendricks Affordable Housing Project; In the Amount of$600,000; Jefferson County Administrator; Olympic Community Action Programs (OlyCAP) 12. REQUEST FOR APPROVAL re: To Apply for a 2022-2023 Community Forestry Assistance Grant; Jefferson County Interim County Administrator; Malloree Weinheimer, Chickadee Forestry 13. MINUTES re: Regular Meeting of February 22, 2022 14. Payment of Jefferson County Vouchers/Warrants Dated February 22, 2022 Totaling $1,016,035.93 and Dated February 28, 2022 Totaling $465,530.42 (Records of all claims submitted for payment along with vouchers approved and signed by the Board of Jefferson County Commissioners are retained by the Jefferson County Auditor and Public Works Department.) COMMISSIONERS' BRIEFING SESSION: The Commissioners discussed recent meetings they attended. Commissioner Dean announced that she may briefly need to step away from the Commissioner meeting today to attend an Emergency Legislative Steering Committee session. WEEKLY UPDATE re: COVID-19: Public Health Officer Dr. Allison Berry provided information on the COVID-19 virus in Jefferson County and Emergency Management Director Willie Bence provided a situation report. The meeting was recessed at 10:35 a.m. and reconvened at 10:40 a.m. with all three Commissioners present. 2 Commissioners Meeting Minutes of February 28, 2022 COMMISSIONERS' BRIEFING SESSION - Continued: The Commissioners and Interim County Administrator continued discussing recent meetings they attended, miscellaneous items and reviewed upcoming meetings. HEARING re: Amending the Jefferson County Public Records Act Compliance Policy and Amending the Jefferson County Public Records Request Cost Schedule: Chief Civil Deputy Prosecuting Attorney(DPA)Philip Hunsucker, Public Records Officer(PRO) Ken Hugoniot, Sheriff Joe Nole, Sheriff Sergeant Brandon Przygocki and Sheriff's Office Records Officer Clerk Marcie Lammers were present for the hearing. PRO Hugonoiot provided a PowerPoint presentation on the proposed changes to the Public Records Act Compliance Policy and Public Records Request Cost Schedule. After comments and questions on the presentation, Chair Eisenhour opened up the hearing to allow for public testimony. The following individual provided testimony: Tom Thiersch. Hearing no further testimony, Chair Eisenhour closed the public hearing and the Board started deliberations. The Commissioner agreed they needed more time to review Mr. Thiersch's written testimony and decided to table deliberations on this issue until 2:00 p.m. HEARING re: Repealing and Replacing Chapter 8.75 (Fireworks and Sky Lanterns) of the Jefferson County Code: Chair Eisenhour proposed starting the hearing at 11:55 a.m. and holding it through 12:15 p.m. at which time the hearing would be recessed until 2:30 p.m. The Board agreed to that timeline. Chief Civil Deputy Prosecuting Deputy(DPA) Philip Hunsucker, East Jefferson Fire and Rescue (EJFR) Chief Bret Black and Sheriff Joe Nole were present to discuss the proposed repealing and replacing of the Fireworks and Sky Lanterns portion of the County Code. Chief DPA Hunsucker provided a PowerPoint presentation on the revised Jefferson County Code pertaining to Fireworks and Sky Lanterns. The hearing was recessed until 2:30 p.m. The meeting was recessed at 12:16 p.m. and reconvened at 1:30 p.m. with all three Commissioners present. EXECUTIVE SESSION: An Executive Session was scheduled from 1:30 p.m. to 1:45 p.m. Chair Eisenhour announced that the Executive Session will be held from 1:31 p.m. to 1:46 p.m. regarding Attorney-Client Privilege,Actual Litigation under exemption RCW 42.30.110(1)(i) as outlined in the Open Public Meetings Act. Staff present: Interim County Administrator and Chief Civil Deputy Prosecuting Attorney. The Board concluded the Executive Session and resumed the regular meeting at 1:46 p.m. DISCUSSION AND REVIEW re: Draft Resolution to Adopt a Tenth (loth) Temporary County Policy Based on Emergency Response to the COVID-19 Pandemic: Chief Civil Deputy Prosecuting Attorney (DPA) Philip Hunsucker, Human Resources (HR) Manager Sarah Melancon and Public Health Director Apple Martine were present for the discussion on the draft policy. HR Manager Melancon reviewed the draft policy with the Board. She will incorporate edits and share the updated version at the next County Covid Coordination meeting. 3 Commissioners Meeting Minutes of February 28, 2022 CONTINUED DELIBERATIONS re: HEARING re: Amending the Jefferson County Public Records Act Compliance Policy and Amending the Jefferson County Public Records Request Cost Schedule: Chief Civil Deputy Prosecuting Attorney (DPA) Philip Hunsucker, Public Records Officer(PRO) Ken Hugoniot, Sheriff Joe Nole, Sheriff Sergeant Brandon Przygocki and Sheriff's Office Records Officer Clerk Marcie Lammers rejoined the meeting to continue deliberations on the issue. The Commissioners reviewed Mr. Thiersch's written testimony and continued their deliberations. After discussion, Commissioners Brotherton moved that the Board of County Commissioners adopt a resolution amending the Jefferson County Public Records Act Compliance Policy and an ordinance amending Jefferson County Public Records Request Cost Schedule, as amended. Commissioner Dean seconded the motion and asked if Chief DPA Hunsucker would advise incorporating the edits first prior to approving it?PRO Hugoniot stated he could work on the final draft. Commissioner Brotherton indicated recall of his motion. Chair Eisenhour announced that she will recess the hearing deliberations until 4:00 p.m. to allow time for staff to incorporate the edits discussed. HEARING re: Repealing and Replacing Chapter 8.75 (Fireworks and Sky Lanterns) of the Jefferson County Code- Continued: Chief Civil Deputy Prosecuting Deputy(DPA) Philip Hunsucker, East Jefferson Fire and Rescue (EJFR) Chief Bret Black and Sheriff Joe Nole rejoined the meeting to participate in the hearing regarding the proposed repealing and replacing of the Fireworks and Sky Lanterns portion of the Jefferson County Code. Chief DPA Hunsucker continued review of the proposed changes to the County Code. He also discussed the need to designate a Fire Marshal and suggested that the Board take-action at some point during the meeting to designate the Department of Community Development(DCD) Director, or their designee, as the County's Fire Marshal. After his presentation, Chair Eisenhour opened the hearing to allow for public testimony. The followingindividuals provided testimony: Mitch Rabenold, Rachael Millikan, Y Y Randy Cearley and Tom Thiersch. Commissioner Brotherton suggested extending the written testimony period. Hearing no further testimony, Chair Eisenhour closed the oral portion of the public hearing. After deliberations,the Board agreed to extend written testimony on the issue to March 4, 2022 at 12:00 p.m. and to continue deliberations on March 7, 2022 at 2:00 p.m. The meeting was recessed at 3:40 p.m. and reconvened at 3:47 p.m. with all three Commissioners present. COUNTY ADMINISTRATOR BRIEFING SESSION: Interim County Administrator/Central Services Director Mark McCauley reviewed the following with the Board: • Calendar Coordination CONTINUED DELIBERATIONS re: HEARING re: Amending the Jefferson County Public Records Act Compliance Policy and Amending the Jefferson County Public Records Request Cost Schedule: Chief Civil Deputy Prosecuting Attorney (DPA) Philip Hunsucker, Public Records Officer(PRO) Ken Hugoniot, and Sheriff Joe Nole rejoined the meeting to continue 4 Commissioners Meeting Minutes of February 28, 2022 deliberations on the issue. PRO Hugoniot reviewed the incorporated edits from earlier in the meeting with the Board. After a brief discussion, Commissioner Brotherton moved to adopt the resolution amending the Jefferson County Public Records Act Compliance Policy and the ordinance amending the Public Records Request Cost Schedule, as amended. Commissioner Dean stated that Clerk of the Board Carolyn Gallaway suggested approving two separate motions. Commissioner Brotherton stated he will retract the second part of his motion and he restated that he moves to adopt RESOLUTION NO. 10-22 re: Amending the Jefferson County Public Records Act Compliance Policy as amended here. Commissioner Dean seconded the motion. Chair Eisenhour called for a vote on the motion which carried by a unanimous vote. Commissioner Brotherton moved to approve an ordinance amending the Jefferson County Public Records Request Cost Schedule, as amended today. Commissioner Brotherton's motion failed for lack of a second. Commissioner Dean noted that Clerk Gallaway had requested using the full titles of the resolution and ordinance, when making their motions. Commissioner Brotherton stated, for the record, the title of already-approved Resolution No. 10-22 as follows: A resolution in the matter of revising the Jefferson County Public Records Act Compliance Policy to: 1) Prepare for the upcoming deployment of body worn cameras; 2) Remove Section 9.0, which is unenforceable; and 3) Correct or clarify the Policy, as amended. Clerk Gallaway read the verbiage for the proposed ordinance "In the matter of amending Jefferson County Code Section 2.25.020(4) and the Public Records Request Cost Schedule in the Appendix Fee Schedules to the Jefferson County Code to prepare for the upcoming deployment of body worn cameras." Commissioner Dean moved to adopt ORDINANCE NO. 02-0228-22 as read by Clerk Gallaway. Commissioner Brotherton seconded the motion which carried by a unanimous vote. COUNTY ADMINISTRATOR BRIEFING SESSION- Continued: Interim County Administrator Director Mark McCauley reviewed the following with the Board: • Review of items to discuss • Weekly Covid-19 Discussion/Hybrid Meeting • Boards and Committees; Vacancies • Legislative update • Agenda Planner; items for future discussion NOTICE OF ADJOURNMENT: Chair Eisenhour adjourned the meeting at 4:39 p.m. until the next regular eeting or special meeting as properly noticed. J FERSON COUNTY \� B RD COMMISSIONERS f SEAL, ,` eidi Eis our ATTES •� .. therton, Member ii.N ie Ord,11,4vva, arolyn allaway, CMC Kat Dean, er Clerk of the Board 5 Publish in Legal Newspaper twice: February 9 and February 16, 2022. Bill: Jefferson County County Administrator P.O. Box 1220 Port Townsend, WA 98368 NOTICE OF PUBLIC HEARING JEFFERSON COUNTY WILL CONSIDER AN ORDINANCE REPEALING AND REPLACING CHAPTER 8.75 (FIREWORKS AND SKY LANTERNS) OF THE JEFFERSON COUNTY CODE NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County Board of Commissioners for MONDAY, February 28, 2022 at 11:45 a.m. in the Commissioners’ Chambers, County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368 for the purpose of taking public testimony regarding a proposed ordinance, attached, repealing and replacing Chapter 8.75 (Fireworks and Sky Lanterns) of the Jefferson County Code. (NOTE: No In-Person Attendance Allowed (Per Jefferson County RESOLUTION No. 45-21)), and said notice of said hearing be published in the official newspaper of Jefferson County, and that at said hearing any interested person may appear virtually and be heard for or against the Ordinance. To view documents, go to: https://test.co.jefferson.wa.us/WebLinkExternal To participate/provide testimony, you will need to join the meeting by 11:45 a.m. To participate via Zoom, click on https://zoom.us/j/93777841705. To participate/provide testimony via telephone dial 1-253-215-8782 and enter access code: 937-7784-1705# by 11:45 a.m. To view this meeting live with no participation, go to www.co.jefferson.wa.us Follow the links under “Quick Links: Videos of Meetings: Today.” Access for the hearing impaired and others can be accommodated using Washington Relay Service at 1-800-833-6384. Climate change is steadily increasing temperatures on the Olympic Peninsula, reducing late spring, summer and early fall rainfall quantities. This results in an increased risk/probability of devastating forest fires. The increased risk to our forest resources and communities in Jefferson County dramatically increased interest in prohibiting fireworks throughout the County. In response to this increased interest County staff drafted a proposed ordinance regarding fireworks and staffed it with the Fire Chiefs from fire districts in Jefferson County, and the Prosecuting Attorney’s Office and the Sheriff’s Office. The intent of the proposed ordinance is to restrict or prohibit the use of fireworks when certain conditions exist to reduce the probability of a fire event. In addition, written testimony is also invited beginning on February 7, 2022 and ending on February 28, 2022 at the end of the Public Hearing, unless extended by the Board of County Commissioners. Written public testimony may be submitted by Email to: jeffbocc@co.jefferson.wa.us; or by Mail to: Jefferson County Commissioners’ Office; PO Box 1220, Port Townsend, WA 98368. Testimony must be received by the Board of County Commissioners by the end of the hearing public comment period. For additional information contact Mark McCauley, Jefferson County Interim County Administrator, 1820 Jefferson Street, Port Townsend, WA 98368, 360-385-9130, or email mmccauley@co.jefferson.wa.us. JEFFERSON COUNTY BOARD OF COMMISSIONERS Heidi Eisenhour, Chair Date jeffbocc From:Lisa McIlwain <lrmcilwain@gmail.com> Sent:Sunday, February 13, 2022 7:11 PM To:jeffbocc Subject:fireworks control ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. I am strongly in favor of the proposed ordinance to control fireworks in Jefferson County. They are a needless and dangerous disturbance. Lisa McIlwain 47 Munn Rd. Quilcene 1 jeffbocc From:rronalddionne@gmail.com Sent:Thursday, February 10, 2022 8:04 PM To:jeffbocc Subject:Repealing and Replacing Chapter 8.75 (Fireworks and Sky Lanterns) Ordinance ________________________________ ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. ________________________________ Dear commissioners, I wholeheartedly support the proposed repealing of Chapter 8.75 (Fireworks and Sky Lanterns). There are several reasons why I do: 1. The fire danger - especially given our ongoing yearly dry spells, poor snowpack and fire seasons. 2. Air pollution from the explosions 3. Noise pollution and the diistress it causes to us and to our fellow inhabitants of this earth - dogs, birds, fish, etc. 4. Pollution of our precious seas and beaches Respectfully, Ron Dionne, MD 61 Simcoe Road Port Townsend 360-531-1420 Sent from my iPhone 1 jeffbocc From:Andrea Hegland <rubymaxlily@gmail.com> Sent:Wednesday, February 16, 2022 1:52 PM To:jeffbocc; mmccauley@jefferson.wa.us Cc:James Sloan Subject:Fireworks Ban - Support ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Dear Commissioners and Staff, Thank you for the courage to ban fireworks. It is long overdue. Each year we hide in our own house from the unwanted noise. We pick up scared and loose dogs who have run from home. We listen to ordnance level of booms that shake our house. We keep our scared and shivering animals in the house for fear they too will bolt. Every year I cry for the nesting birds who cannot escape the deafening noise. I worry they will not survive for loss of hearing. They are trapped next to houses and people who are selfish, unaware and thoughtless. What about other wildlife? Lizards, insects, possums, raccoons, bunnies, deer, coyotes …whose life rhythms and survival depend on all of their senses? Unfortunately, I have no sympathy for human firework injuries. I am concerned about fires. To me, the entire holiday has lost its meaning as we continue to lose freedoms, honesty, community and trust. The fireworks have never been a symbol of independence to me—in fact, just the opposite. We have been held victim and hostage to others completely oblivious to their harm and righteousness in their attitude. Good riddance. Thank you for considering my comments. You have my respect and support on this matter. Andrea Fontenot Hegland 51st Street -- Andrea 1 jeffbocc From: Catherine Nickum <catherine.nickum@gmail.com> Sent: Thursday, February 17, 2022 9:19 AM To: jeffbocc Subject: fireworks ban -yes! ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. I'd like to offer my support for a fireworks ban in Jefferson County. There are so many reasons to do it, versus reasons not to do it. We can express our "patriotism" in countless ways on almost every day of the year. We can also continue to have picnics and barbecues on July 4, wear the stars and stripes and party til the cows come home. But the reasons to end fireworks are compelling: Wildfires, accidental explosions that hurt people, dogs and cats that are terrified of fireworks and explosions, as well as wildlife, every year -- these are each and all great reasons to celebrate without fireworks. Climate change has tipped the balance of risking wildfire in the middle of the summer by lighting off fireworks -- we can't do it anymore. To me, setting off fireworks is a "freedom" much like carrying guns, etc. It must be weighed against the harmful effects it creates. We have outgrown the need to use fire as a way to celebrate our country's history. It's time to move on and learn new ways to acknowledge the holiday. Cathy Nickum 1775 Hill Street Port Townsend, WA i jeffbocc From: Grant Hansen <hgranthansen@gmail.com> Sent: Sunday, February 20, 2022 3:59 PM To: jeffbocc Subject: Fireworks Ban - J.C. ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. I am writing this to the Jefferson County Commissioners for public testimony at the Remote Hearing 2-28 at 11:45 AM. "Please outlaw all Fireworks in Jefferson County". We live above Lower Oak Bay Park, Port Hadlock. The park is inundated with people from Port Townsend during 4th of July, setting off fireworks even though there is a "No Fireworks Allowed" sign posted. The bad part is the mess that is left behind.The noise level is very traumatic for our cat and for us who have about three nights of interrupted sleep. Since our house is surrounded by trees we also worry about fire danger. Thanks for the opportunity to vent. Grant and Linda Hansen 83 Cleveland Street, Port Hadlock. (360-390-5546). 1 jeffbocc From: Will Mapel <williammapel@gmail.com> Sent: Tuesday, February 22, 2022 12:08 PM To: jeffbocc Subject: Public testimony in support of fireworks ban ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Greetings, I am a resident in Port Ludlow writing in support of the proposed fireworks ban for the county. I often hear from my neighbors how they all hold their breath every year around the Fourth,fearing that fireworks will set off a large blaze that could destroy their homes, neighborhoods,and the natural beauty of the area. Such a fire could also imperil lives,especially for the aging and infirm,who may struggle to get to safety in time. Without a fireworks ban,there's no recourse when you observe adults acting irresponsibly with fireworks in high risk areas.And many are using fireworks while under the influence of alcohol which can impair their judgement.Adults often also let teens use fireworks unsupervised. I lived in Portland when a teenager started the massive Eagle Creek fire in the Columbia Gorge with a smoke bomb.The teen was ordered to pay$37 million in damages,which of course will never be paid. Many lost their houses, large forested areas were destroyed, resulting erosion destroyed even more areas, and we all lived with unhealthy levels of smoke for weeks. Individuals can never be fully held to account for the damage they cause in these situations, so a ban is fully warranted when the risk is high.The proposed approach makes complete sense. Thanks, Will Mapel 63 Keller Lane Port Ludlow,WA 1 jeffbocc From: Kateri Schmerler <tokateri@hotmail.com> Sent: Friday, February 25, 2022 12:13 PM To: jeffbocc Subject: Fireworks meeting comments Attachments: Fireworks Restrictions.docx ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Kateri 5chmerler 115 Orchard View Lane 5equim WA 98382 360-797-0061 i Fireworks Restrictions First of all, I am I favor of restrictions. I would be ok with residential style fireworks from say 10 am to 11pm on the 4' only.That would give me time to take my animals and leave the area but not have to pay for shelter. My biggest concern, and one I have addressed with both my commissioner and the sheriff's department is SIGNAGE. There seems to be a mindset along the lines that fireworks users actually visit the Jeffco website prior to the holiday to assess whether or not they can shoot off said fireworks. Or that they perhaps call the sheriff's department ahead of time to determine the legality of their activity. Or maybe they are subscribers to the Leader? In actuality, people just buy and discharge fireworks willy nilly, at their own time and place. So, in my opinion, signage of the rules is critical! I have offered, and still offer to buy and place yard signs at intersections in the Gardiner area, right next to the signs that say BURN BAN that clearly state the restrictions of fireworks during the 4th holiday. Public education needs to go alongside restrictions. Also, since I have a neighbor who has a commercial grade fireworks show at midnight on New Year's Eve, that has caused permanent injury to several horses nearby, I would like to see the sheriff deputies be able to warn/cite him without having to personally witness said show. This happened on many occasions where I have followed the rules and called law enforcement only to be told that they can do nothing if they are not witnesses to the incident. I live in Gardiner. Deputies are 30 minutes away. Fireworks in Gardiner have gotten out of hand. Residents, their pets, their livestock are not just in jeopardy but infringed upon every time the 4th of July rolls around, and for a good 2 weeks on with side of it. Sincerely, Kateri Schmerler 115 Orchard View Lane Sequim (Gardiner) WA 98382 360-797-0061 jeffbocc From: David Tonkin <tonkin.davidl @gmail.com> Sent: Monday, February 28, 2022 8:13 AM To: jeffbocc Subject: Draft ordinance to ban consumer fireworks during high fire danger ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Dear commissioners: I support the draft ordinance's ban on consumer fireworks during high fire danger. Additionally, I suggest amending the ordinance to make the ban permanent not just when there is a high fire danger. There is no good reason why domestic and wild animals, small children, or people with mental issues have to be frightened by the loud noise produced by some of the fireworks. Holidays can be celebrated without the risk of injury to oneself and others and causing distress. Respectfully, David Tonkin and Karen Samuelson 32 S. Stromberg Ave., Port Townsend, WA 98368 360-385-2468 1 jeffbocc From: Greg Brotherton Sent: Monday, February 28, 2022 8:40 AM To: Timothy Hickey Cc: jeffbocc;Julie Shannon Subject: RE: Gardiner Fireworks Hearing comments Tim and Gail, Thanks for following up. I'm making sure that our correspondence ends up as part of the record for today's hearing, thanks, Greg Brotherton Jefferson County Commissioner, District 3 1820 Jefferson Street Port Townsend, WA 98368 (360)385-9100 gbrotherton@co.jefferson.wa.us From:Timothy Hickey<timgailhickey@att.net> Sent: Monday, February 28, 2022 6:19 AM To: Greg Brotherton <GBrotherton@co.jefferson.wa.us> Subject: Re: Gardiner Fireworks ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Hi Gregg, We understand there is a meeting tomorrow about the fireworks being banned in Jeff Co. Below is an exchange between us and you from last year. I certainly hope these comments will be taken into consideration. Thank you, Tim and Gail On Friday, July 9, 2021, 10:11:10 AM PDT, Greg Brotherton <gbrotherton(c�co.jefferson.wa.us> wrote: Thanks for the note, Tim and Gail, Sorry about the impacts from the fireworks. State law prevents us from immediately cancelling fireworks —any change we make takes effect one calendar year after the resolution is passed. We do have a resolution i banning fireworks around the 4th if the fire danger, as designated by the state DNR, is "Extreme." We never hit that trigger. In a meeting with all the fire chiefs, we discussed making more localized rules so that perhaps one fire district or the other could make a fireworks ban if conditions deemed it prudent. This summer we are planning to work with the fire chiefs and law enforcement to come up with new rules — understanding that any change we make won't take effect to the 4th of July, 2023. I encourage you to share your concerns and the impacts with your local fire district as well as the county commissioners. I had many complaints from the Gardiner area this year and as we work on more localized control, your fire department should understand your concerns as they will likely have their fingers on the button. Greg Brotherton Jefferson County Commissioner, District 3 1820 Jefferson Street Port Townsend, WA 98368 (360)385-9100 gbrothertonco.lefferson.wa.us From: Timothy Hickey <timgailhickev cr att.net> Sent: Wednesday, July 7, 2021 8:59 AM To: Greg Brotherton <GBrothertonco.jefferson.wa.us> Cc: Kateri <tokateri(c�hotmail.com> Subject: Gardiner Fireworks CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. We would like to ask you for your assistance with getting fireworks banned in Jefferson County. We have lived in Gardiner for 11 years and have watched as more and more people, who do not live in Gardiner, come down to the boat dock on Discovery Bay, light off their fireworks on the beach, then get in their cars and leave. For years the residents have taken big black trash bags and cleaned up the beach after the holiday. 2 The fire danger is extremely high during this time of year and we have many vacant parcels of land where the brush has not been removed in years and could easily catch fire and endanger all our homes. We also have horses, cattle, pets and coyotes who get extremely upset listening to the loud fireworks, some people even have to leave the area leading up to the 4th and for about 3 days after the holiday because their pets cannot tolerate the noise. Many residents have called the sheriffs department about the noise and danger and they never respond. We have to listen to fireworks as early at 5:30 am in the week leading up to the holiday and all of us are getting extremely upset that nothing has been done by any official when complaints have been lodged. We would appreciate any assistance you can give us. Tim and Gail Hickey 360-797-0074 ***Email may be considered a public record subject to public disclosure under RCW 42.56*** 3 jeffbocc From: adoes2@frontier.com Sent: Monday, February 28, 2022 8:44 AM To: jeffbocc Subject: Commissioners: No private fireworks ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. • Feb. 27, 2022 RE: Public Hearing on an amendment to prohibit fireworks in Jefferson County, WA Dear County Commissioners: Please prohibit private fireworks in all of Jefferson County. The scenery and quiet in this county are treasures. Fireworks threaten both. 1) Fireworks are a fire risk. It is easy today, as I walk through the snow-covered meadow next to my home to forget that in July it will be a dry tinderbox. As climate change progresses, the drying will be even earlier and more extreme. A spark from one firework is a threat to my home, the community, and the scenery that surrounds it. 2) Fireworks rob us of the solace found in quiet. A neighbor of mine served in our country's military and returned living with PTSD. She has had to leave her home on July 4 to avoid the stress induced by nearby fireworks. Today, as Russia invades Ukraine, the idea of celebrating with the sound of gunfire and fireworks is distasteful. Prohibiting fireworks is consistent with work being done to limit noise from naval jets. 3) Fireworks stresses pets. Pets provide companionship and emotional support to their owners. This has been especially important during the isolation resulting from COVID. Stressing a pet stresses the people living with that pet. Quiet is a treasure. Again, please prohibit private fireworks. Thank you. Amy L. Does, Ph.D. Lee M. Does P.S. Please be aware that the "Peninsula Daily News" apparently gave the wrong email address for making comments on this issue. When I entered the address they provided (publiccomment(cr�co.jefferson.wa.us) the email did not go through. i jeffbocc From: Bemis McNeil <calebandbee@gmail.com> Sent: Monday, February 28, 2022 9:09 AM To: jeffbocc Subject: Against Fireworks Ban ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. I am AGAINST a ban on fireworks in Jefferson County. Please reconsider. Jim Pearson's letter in "The Leader"sums things up pretty good. We don't need more government rules and laws. I own zo plus acres of forest land in the county and I'm DEFINITELY concerned about fire; but consider more education to the public about fires. Where is Smokey the Bear? We need an educated county not a county oppressed by the strong arm of government rules. The beaches are a great place to celebrate with fireworks. Educate the public to clean up after the party. Let's have a smart, respectful public NOT more government rules, bans and mandates. Caleb McNeil 1 jeffbocc From: Christine Heycke <cheycke@msn.com> Sent: Monday, February 28, 2022 9:56 AM To: jeffbocc Subject: CHAPTER 8.75 (FIREWORKS AND SKY LANTERNS) ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Dear County Commissioners, I would like to voice my support for repealing and replacing Chapter 8.75(Fireworks and Sky Lanterns)of the Jefferson County Code. If private fireworks are illegal in Port Townsend, but legal in the County, people often regard various County locations as good destinations for setting off fireworks. Every year,we observe people driving to Beckett Point to set off their fireworks. Naturally,there are also residents who set off fireworks, but at least they are aware of the rules we have here about when and where fireworks can be set off; the people who drive in from elsewhere are not.We experienced a frightening fire here in the past,although we were lucky there was no loss of life. As summers become hotter and drier,the danger of a catastrophic fire increases. Fireworks are enjoyable and a patriotic way to celebrate our nation's independence. Let's do it together at public fireworks events and minimize fire danger as well as trauma for pets and other animals. Sincerely, Christine Heycke 1 jeffbocc From: Mitch Rabenold <mitchrabenold@gmail.com> Sent: Monday, February 28, 2022 10:16 AM To: jeffbocc Subject: Comments on Repealing and Replacing Chapter 8.75 ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Greetings, I am writing to express my concerns with the planned Ordinance to Repeal and Replace Chapter 8.75 of the Jefferson County Code. I am a Quilcene resident, and I have been launching consumer fireworks at Quilcene bay for the last two years on July 4th and New Year's eve, in compliance with state law. My"show", for lack of a better word, consists of mortars, cakes, roman candles and some smoke and strobe effects. I have developed my show to be electronically fired and angled over the water for safety. My shows have solicited a very favorable response from the community, and have drawn an audience exceeding 100 people, along with viewers all around the bay. My first experience with fireworks at the bay was in 2010. I was a new arrival and delighted that the use of fireworks was legal. I heard them going off at the bay from my property and went to observe.The scene was what I call a "slice of life" event. Families spontaneously coming together to celebrate our nation's birthday with fireworks. As much as I enjoyed it, I observed that it was somewhat chaotic. In following years,the tradition continued, and as I learned more about fireworks, I felt an interest in creating a more organized and safer experience. I learned how to assemble fireworks into a cohesive, almost curated, show,and on July 4th, 2020, presented my work. It was a huge success. When people knew that they could watch a "show",they tended not to bring their own. This year, I wanted to enlarge the show.To do so, I needed to move it onto the water to have a large enough space to set up and maintain safe distance from spectators.This would necessitate an approximately$4,000 investment to achieve. When I learned of the proposed ordinance, it put that investment in jeopardy. If I could only do the show once, it was too costly to execute. Based on the past, it's a pretty safe bet that there will always be a high fire hazard and burn ban by the 4th of July. Aside from my own interest and in preserving a Quilcene tradition, I have issues with several parts of the ordinance. I will enumerate them below. 1. 8.75.040 declares that "(1) Except as permitted in this chapter, the manufacture, sale, transportation, discharge, storage or use of fireworks is prohibited during a declaration of high fire hazard declared in a region of responsibility;"... This creates a whole new class of criminals, in the case where someone purchases consumer fireworks on 6/28, and a high fire hazard is declared on 6/29.They are now subject to a $1,000 fine or imprisonment for simply possessing the fireworks they purchased legally.They can't even transport the fireworks to a safer location to use them. 1. 8.75.050—Permits Required. "(1)After obtaining any other permit required under Chapter 8.20 ICC,JCC18.20.380, or JCC 18.20.390, a public 1 display fireworks permit shall be obtained from the local fire official to: a)Possess or store fireworks of any kind;"... Same comment as above. So now having sparklers for the kids is a criminal act, unless you get a "public display fireworks permit". That particular permit relates only to professional displays put on by licensed pyrotechnicians and display companies.The general public will never meet the requirements for a Public Display of Fireworks permit. "(g) Transport any fireworks,"... Same as above. "(2)Permits required by this chapter shall be reviewed by the local fire official."... The local fire officials do not have the budget, personnel, training,forms, or procedures to do this. "(3) The fee for storing or transporting fireworks shall be one hundred dollars ($100.00)per annum."... Again, this presents an unreasonable burden on someone driving home with legally purchased fireworks. Especially since 8.75.050 is not limited to periods of high fire danger, it applies to New Year's as well, effectively eliminating the use of all consumer fireworks year round. In general, I believe that the ordinance, as written, is an overreach of authority. It far exceeds the stated objective of giving the local fire official authority to regulate the use of consumer fireworks. Worse, is the failure of the ordinance to restrict its enforcement to periods of high fire danger. No one should be required to obtain a Public Display Fireworks Permit in order to use sparklers on New Year's Eve. I believe 8.75.050 should be titled "Permits Required for a Public Display of Fireworks", such that it then does not apply to consumers and consumer fireworks. Missing from the ordinance is any remedy to the issues of public nuisance and littering,which appear to be generate interest similar to the concerns over fire danger. Making fireworks illegal will not eliminate their use.This ordinance will eliminate the responsible use of fireworks, leaving only the illegal users who are the higher hazard users. Since the county can't enforce existing nuisance and littering laws, how will increasing the enforcement burden help? The shows that I create present no risk of wildfire as they are over water. The use of electronic firing drastically reduces the risk of injury from the use of consumer fireworks by removing the operator from the launch site. Presenting an organized show reduces the number of individuals setting off their own fireworks. It's simple economics, if nothing else. I have an established record of cleaning up after my shows,and frequently pick up debris left by others. Beyond that, I'm discussing only consumer, DOT 1.4G,fireworks.They are categorized separately from 1.3G fireworks for a reason. They have limited explosive composition, such that the DOT and WSP consider them safe and legal for consumer use. In summary; • Fireworks on the 4th and New Year's are a tradition in Quilcene enjoyed by many members of the community. • Options for safer use exist, but will be eliminated by this ordinance as written. • I don't believe the ordinance will solve the problems it is intended to. • The local fire chiefs do not have the resources or expertise to carry out their obligations under this ordinance. • The language used groups 1.3G professional and 1.4G consumer fireworks together, contrary to state and federal law. I ask that the Board of County Commissioners rethink and rewrite the problematic portions of this ordinance in a way that gives more granular control of the use of consumer fireworks without completely banning them. Perhaps there is a way to encourage and enable safe use of fireworks instead of simply outlawing them. Maybe have a fireworks safety class, similar to the hunter's safety classes. Sincerely, Mitch Rabenold 2 jeffbocc From: Jay Garthwaite <jay@infoageservices.com> Sent: Wednesday, March 2, 2022 10:56 AM To: jeffbocc Subject: PUBLIC COMMENT RE CHAPTER 8.75 FIREWORKS ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Please consider this as public hearing commentary. This comment strongly supports the proposed countywide fireworks restrictions. Our property in Kala Point (where fireworks are HOA prohibited) shares a property line with Woodland Hills (where fireworks are not HOA prohibited) and are frequently deployed. Our properties and the buffer with Woodland Hills, are heavily wooded. On several occasions in the last 20 years we have had burning aerial fireworks debris blow in from Woodland Hills and land on our roof, to the extent that we have had to stand "fire watch" with hoses well into the early morning on July 5th. Given the wildland interface risk in these highly populated areas, use of fireworks is just dangerous and irresponsible. Please enact the replacement ordinance permitting appropriate fire service leaders to assess risk and impose restrictions. Jay & Susan Garthwaite 691 Kala Point Drive 1 jeffbocc From: Anna Moore <pickledogmouse@gmail.com> Sent: Friday, March 4, 2022 9:25 AM To: jeffbocc Subject: Fireworks ban ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. To whom it may concern, I am writing to voice my support for the fireworks ban in Jefferson county. With the risk of wildfires continually on the rise we should do everything we can to prevent such fires- and that includes banning fireworks in times of high fire danger. I hope to see the board support this viewpoint, and in doing so support the health and safety of the people and environments in Jefferson county. Thank you, Anna Moore Note: The email address printed in the article from The Leader did not work (publiccomment@co.jefferson.wa.us) and I imagine that inaccuracy will limit the number of comments you will receive. i jeffbocc From: liz moore <glasstools@olympus.net> Sent: Friday, March 4, 2022 9:33 AM To: jeffbocc Subject: fireworks ban ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Dear County Commissioners, I agree with the proposed fireworks ban and would like to stop the explosions that occur every 4th of July.We cannot risk burning down the Olympic Peninsula. Thank you, Jim Moore Port Townsend The email address published in the PDN seems to be wrong and bounced back. I wonder how many comments you are not receiving due to that issue. 1 jeffbocc From: liz moore <glasstools@olympus.net> Sent: Friday, March 4, 2022 10:14 AM To: jeffbocc Subject: support the fireworks ban ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Begin forwarded message: From: Elizabeth Moore <greatdogartolympus.net> Subject: I wholeheartedly support the fireworks ban Date: March 3, 2022 at 8:23:50 PM PST To: publiccomment(a�co.iefferson.wa.us Dear Commissioners, I am very happy to see you are considering a fireworks ban. While I enjoy a nice fireworks show at the Fort, I have never thought fireworks should be available to the general public. They are a danger and they are nuisance. They terrify dogs, they trigger ptsd, cause fires and litter. I know several ( not terribly smart ) people who were seriously injured lighting fireworks. One blew his heel off his foot ( NOT his shoe ), the other seriously burned his face. Our world is a tinderbox in the summer. Surely we as a society can come up with another way to celebrate that doesn't involve loud noise, for example laser shows or those new light shows that you can project onto your house. I know what it is like to wake up in a burning house and loose everything. I also know the fear of having my son go off to fight wildfires in the summer. As the climate changes and our summers become more dry, it is time to make some adjustments to how we celebrate. Fireworks are not a necessity and personal fireworks should be permanently banned in Jefferson County. I hope you will do the right thing and help come up with other creative ways for people to celebrate. Thank you, Liz Moore Port Townsend P.S. The email address that the PDN published for comment bounced back. No wonder you did not get many comments the first time around. : 1 jeffbocc From: Mitch Rabenold <mitchrabenold@gmail.com> Sent: Friday, March 4, 2022 10:46 AM To: jeffbocc; Greg Brotherton Subject: Comments on 2-28-22 hearing on fireworks Attachments: Consumer-Fireworks-Legal-in-WA.pdf ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Thank you for extending the period for written comments. I have a few comments on what was said during the hearing on 2/28/22. 1. Can I ask that Chief Black clarify what he meant when he stated that aerial fireworks are illegal? There is no definition of the term "Aerial Fireworks" in any of the relevant codes that could find. He is correct that bottle rockets are illegal, along with rockets, missiles, and firecrackers, but I want to ensure he was not including mortars and cakes in his statement. They are also aerial fireworks in nature, but they are legal under WSP 70.77.136. The attached diagram shows this. 2. Modification of fireworks was referenced under WAC 212-17-053 which states; Altered consumer fireworks—Dangerous firework. (1) It is illegal to alter any firework from its originally manufactured form and intended use except as provided in subsection (3) of this section. (2) It is illegal to possess, sell, purchase, store, or discharge any dangerous fireworks. (3) The altering of a consumer or display firework can only be done legally when: (a) For the purpose of this section a licensed pyrotechnic operator or person(s) under the direct supervision of a licensed pyrotechnic operator altering a fuse as part of a public display for consumer fireworks that are electronically fired is not considered a dangerous fireworks. (b) A person without a pyrotechnic operator's license cannot alter fireworks. This would include using an igniter attached to the fuse for electronically firing of the device. This does not include the use of: (i) A nonpyrogen type initiator that clips onto the fuse and a heated wire is the source of ignition. ... A mortar or cake is intended to be ignited by its fuse. Nowhere is it stated what that source of ignition must be. Unsafe methods include ignition via paper match, stick match, punk, cigarette, cigarette lighter and highway flare, because they all require proximity of personnel to ignition. Using one fuse to ignite another does not alter the device or its intended use, and in fact, makes it safer by removing personnel from the point of ignition. There also appears to be i confusion about igniters. There are at least two types of igniters for consumer use that contain no pyrotechnic compound and are not ATF regulated: MJG Firewire Igniters, and Talon Igniter Clips. I have used the latter and they comply with section 3.b.i above. Information about these can be found here: https://www.cobrafiringsystems.com/igniters.html 3. Reference was made to the term "Fused Setpiece", but there didn't seem to be consensus in understanding what they are. Although I could find no definition for this term in any of the relevant codes, the internet provides this: "Set Piece A ground display such as lancework, wheels, gerbs, fountains, and/or other devices, which function while on poles, frames, or other structures, attached to the ground." This is from the American Pyrotechnics Association at https://www.americanpyro.com/glossary-of-pyrotechnic-terms. More information with examples can be found here: https://www.pyroinnovations.com/fireworkstraininq fireworkssetpieces.html Just to clarify, a cake is not a fused setpiece. This is consistent with the comments made during the hearing. 4. It was difficult to hear clearly in the recording, but Tom Thiersch made verbal comments that sounded like "a person from Quilcene just testified that he uses consumer fireworks to make a display of fireworks over the water. I thought that aerial fireworks were illegal". This goes back to comment #1 above. Using undefined terms muddies the water and leads to confusion. I would like to assure everyone that I have made every effort to present a safe and legal use of consumer fireworks, along with cleaning up the debris. 5. Many of the commenters brought up smoke and pollution as reasons for concern. A commenter on one of my social media threads, who lives and makes his living off of the bay, stated that "Fireworks being shot over the bay happens 3 or 4 nights per year. Shrimp, crab, salmon seasons and boating in general create more trash and garbage in the bay in a day than all the fireworks that are shot." There are many large polluters that deserve more attention than fireworks on this issue. I am aware of the issues the Board is trying to address with this ordinance. In many ways, my efforts are aligned with the Board's goals; protection of life safety, property, and controlling wildfire hazards. The community has enjoyed the results of my efforts and been very supportive. I am hoping that the Board will incorporate a way to preserve the fireworks tradition in Quilcene while addressing the core drivers for revising this ordinance. I absolutely respect and value the role of our fire chiefs and I welcome a dialogue on these topics. I have made my best efforts to educate myself on the laws regarding the use of consumer fireworks and to comply with them. I welcome anyone's help to be more compliant, if necessary. 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CJ >'.7) a0Q ` xaoc � o (ncUoo ca (Nn ) "-. . a) vi W .� c - (a 0 a• c 2 a) a) Y a) CO W. -0 4) U C- E - o �w'- U) C U o O O C - • o O i C 'p (n a) N .c O _ O O O L a) a) CO o a) 0 (5a (n ° cn ___a - U � E (na �� LL o jeffbocc From: J Ball <gnarleydogfarm@gmail.com> Sent: Friday, March 4, 2022 12:00 PM To: jeffbocc Subject: Fireworks Attachments: 456CCD04-9A57-4C40-85B4-ABFECB026C1 F.jpeg; 7BOD98DE-2FC7-453E-9A10-57F601 B2C96A.jpeg ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Hello commissioners, Please forgive this lousy attempt at providing my comments, my internet connection is quite terrible and when I tried to save my draft the computer froze up. I had the good sense to take a pic of the screen before I attempted to save it so that's what I have for you. My apologies if these pics make you sea sick. Jean 1 „ ‘,‘ 51Yris' ume' fp uiJekeel) ''‘1,1:6PtaYsi Pk21;,,,1 '''' 'I '‘ VIN6h,,,,,k,,,707.:7777 7 ) ft 71Ou bottittiifilltOritaetttk011tilri,':;YiltiveL4,41010W-ffiW, 30, Ain"4711cestinder”consideration currently is Only tritended to apply to fireworks in le.timeof high,fire danger, but we should do more than that. It is in the best teresfiaf ri8t only the public health, safety and welfare that consumer fireworks banned, but also in the best interest of the environment, .te threat of catastrophic fire danger in our largely forested county, coupled with e increasing impa( ts from climate change and limited resources to defend ainst wildiand fires, spell out art genucy to take preventative measures. The MW,years have shown the devastating impacts of out of fires in 'ashington State, California and British Columbia which pose significant impacts not only forests, streams, and property, but they have also posed dangers to !alth We all remember months of breathing smoke, burning eyes, the stench of rioke filling our homes. The impacts to deforested regions through landslides, vets of ash and soil erosion clogging streams, countless burned homes and loss life are not worth the joy of a few days of entertainment, re impacts to peaceful enjoyment of our rural lands, sleep and r epose, quality of rr environment, psychological effects due to the erratic use of these nuisance resumer f ireworkswhicli re allowed for a week straight during the 4th of July is It in conjunction with the intent of out noise ordinance while masqueradingas atriotic". At the very least, Iu duration of allowed use for consumer fireworks bar be reduced to I day, just like New Year's I clays is ridiculous and holds ti,stage on our own properly while the P t st) of our neighbors and ostock is triggered. People with livestor k or pets rammot leave their property for ‘. s week in i year for fear that their animals will Hip out and nobody will be re to calm them or keep them froni harming themselves or breaking down in the ail all week and all tiose c . 'Is pollute the land and water, not to mention the rubbish €x g e +. «, ,_` :: :il ;:. ai I e a F. 't ftxri34 :tg n,#i:z-414,11.;is c s :law' oir 34 y1�( fff 9 ,,,1{,,:h1ij �.,I�i ! ihIt' E , � � i.�f jS�`+; €s tj. 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T 8 -.t " C�E Off Y P.z '4. t 11i4l " ! f ' , i'' 1 •11: ill l i '' ' R ` .y it kl " f,. ... . i . [: � .i i 'S., iiii IL q C o-,' 'Nil Art ii� :Fk 3 'IL m i N 1 H �' j I gYigl S5 4! 1�+ {�• ii ii..'r31 i ,g i,ii,d E 11 R .ti i": i f „ ii litia i Irk � i i ,111 i ' "iptp tip i. :' .h3,,, a t i..ir irt0 :`t" "nt,l t ` ` q I + '3 2.8: � �, i..i ri-.31ii%i',.; 4ii ISge v. 'i1 i;iti Y F'iS,l`a !� � ll k i4a� ""' .:;111 git y<iI .ri ,. i/� .;,t t" ...t " 'a �� i ' 3` i 'i 4 '1 €" • ' 11.4 i i , 1 iltir i ill-. i t tgi N'.2ia ;�.:� .1:.. t. Nag jeffbocc From: J Ball <gnarleydogfarm@gmail.com> Sent: Friday, March 4, 2022 12:02 PM To: jeffbocc Subject: Fireworks toxins ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. I stole this online: Among other things, fireworks are made up of gun powder, accelerant, heavy metals and numerous contaminants, such as ozone, carbon dioxide, nitric oxide and sulfur dioxide. The toxic smoke and dust produced during firework displays can be inhaled directly into the lungs. The negative health effects of fireworks go far beyond temporary lung inflammation and respiratory problems, however. Carcinogenic and endocrine-disrupting chemicals released by fireworks can later invade the body through contaminated water or soil. That's because firework displays often take place over oceans, rivers and lakes, and the resulting toxic fallout can directly contaminate water sources. In addition to posing a direct health risk to humans, these pollutants can affect fish and other aquatic life, and eventually move up the food chain. The dangerous chemicals released during firework displays can wreak havoc on the human body, affecting the endocrine system, immune system, gastrointestinal system and metabolism, as well as the neurotransmitters in the brain. For instance: • Perchlorate, a chemical that is often mixed with sulfur and charcoal to create the gunpowder that makes fireworks explode, can inhibit the ability of the thyroid gland to derive iodine from blood (hypothyroidism). This can interfere with the production of thyroid hormones, which are essential to the metabolic and mental development processes. It can also lead to goiter and thyroid cancer. • Strontium, a heavy metal used to produce the bright red colors in fireworks, has been linked to many serious health consequences, including birth defects, damaged bone marrow, inhibited bone growth, anemia and impaired blood clotting. • Some of the other chemicals dispersed by fireworks, such as aluminum, barium, cadium, dioxins, and rubidium, are radioactive and known carcinogens. Exposure to these chemicals has been associated with a host of health conditions, including Alzheimer's disease, dementia, bipolar disorder, depression, anxiety, heart disease, kidney disease, multiple sclerosis, rheumatoid arthritis, gastrointestinal disorders and chronic fatigue. • As researchers continue to study the impact of fireworks on human health and the environment, many public safety and environmental advocates now discourage the use of traditional pyrotechnics during festivities. Alternatives include laser light shows, parades and block parties, as well as new technology that uses environmentally friendly compressed air in place of gunpowder to launch fireworks. By celebrating our freedom in a less toxic way, we can avoid sacrificing some of that freedom — namely, our health — to a contaminated environment. i jeffbocc From: denise miller <quackyduck2012@gmail.com> Sent: Friday, March 4, 2022 11:58 AM To: jeffbocc Subject: Fireworks 2022 ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Hello. My name is Denise Miller . We live in Quilcene WA since 2006. My community has been very fortunate since covid began in 2020 to have a local name Mitch Rabenold who was a software engineer and he has extensive knowledge of fireworks and programming shows. Since 2018, he put on a show at the water. Because of covid, the 4th of July Holiday celebration has changed. People do not gather and set off fireworks so much. A small group that is one family at Quilcene Yacht Club has a gathering, and what the people do is they have thier own BBQ at home, then they show up at dark, watch the show from thier cars, and leave. Because of covid, and the burn ban„ there are not a lot of people lighting fireworks. You will notice that the rate of wildfires in Quilcene WA has been very low since 2019. Our community is careful. It is visitors who do unsafe activities that are fire hazards.The Quilcene 4th of July fireworks display by Mitch Rabenold actually causes LESS lighting of fireworks because they rely on his display. Please consider that in the meeting. There have never been any problems because he has a crew and we make sure all the fireworks are completely out, then he cools them and hauls the spent hulls away in a metal trailer. Years ago, maybe 8 years ago there were probably more people lighting fireworks who didn't know what they are doing and leaving trash. That is no linger the case at the Yacht club and the Quilcene Bay. We have an impressive group of volunteers who meet monthly with Port of Port Townsend and County commissioners to coordinate the care of the Herb Beck Marina. The reason we light fireworks on the beach is because the water is safer to access for extinguished fireworks with buckets and we have a hose.Thank you. Please do not take away the Fireworks that Mitch lights on 4th of July. Denise Miller Quilcene Booster Club Secretary 1 Please publish 2 times: February 9, 2022 & February 16, 2022 Bill to Jefferson County Commissioners Non-departmental Fund PO Box 1220 Port Townsend, WA 98368 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County Board of Commissioners for MONDAY, February 28, 2022 at 11:15 a.m. in the Commissioners’ Chambers, County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368 (NOTE: No In-Person Attendance Allowed (Per Jefferson County RESOLUTION No. 45-21)), and said notice of said hearing be published in the official newspaper of Jefferson County, and that at said hearing any interested person may appear virtually and be heard for or against the resolutions. To view documents, go to https://test.co.jefferson.wa.us/WebLinkExternal/0/doc/3385780/Page1.aspx To participate/provide testimony, you will need to join the meeting by 11:15 a.m. To participate via Zoom, click on https://zoom.us/j/93777841705. To participate/provide testimony via telephone dial 1-253-215-8782 and enter access code: 937-7784-1705# by 11:15 a.m. To view this meeting live with no participation, go to www.co.jefferson.wa.us Follow the links under “Quick Links: Videos of Meetings: Today.” Access for the hearing impaired and others can be accommodated using Washington Relay Service at 1-800-833-6384. The public hearing is to consider the following: Proposed Resolution amending the Jefferson County Public Records Act Compliance Policy and the Jefferson County Public Records Request Cost Schedule to prepare for the upcoming deployment of body worn cameras by the Jefferson County Sheriff’s Office, changes needed to correct or clarify the Policy, and replace an unenforceable section of the Policy. Changes Needed to Deploy Body Worn Cameras. Body worn cameras will be deployed by the Jefferson County Sheriff’s Office in the next two months. Changes in the Policy are needed to address Public Records Act requests for body worn camera footage. RCW 42.56.240(14) has detailed requirements for redaction, including to protect persons privacy. These redaction requirements require significant staff time. Accordingly, the Legislature has authorized charging the reasonable costs for this work. However, the Public Records Act (Chapter 42.56 RCW) requires that individual agencies adopt charges for Public Records Act work. Accordingly, in order to recoup the significant cost of redacting body camera footage, the Policy and fee schedule should be amended. Changes Needed to Remove Unenforceable Section of the Policy. A Washington Supreme Court decision invalidated San Juan County’s Code, which created an administrative remedy for denial of Public Records Act requests. The administrative remedy was an appeal to the Prosecuting Attorney. This administrative remedy was designed to eliminate unnecessary Public Records Act litigation. However, the Washington Supreme Court held that the administrative remedy was not authorized by the Public Records Act. Section 9.0 of the Policy was based on the San Juan County Code language. As a result of the Washington Supreme Court’s decision in the San Juan County case, Section 9.0 of the Policy is unenforceable. Accordingly, Section 9.0 of the Policy, as it is currently written, should be replaced by a provision and procedure for an optional request for review by the Prosecuting Attorney, in cases where a public records requester believes that responsive records have not been produced by the county. Changes Needed to Correct or Clarify the Policy. There are a few changes to the Policy needed to correct errors of clarify the Policy. These changes should be made. In addition, written testimony is also invited beginning on February 9, 2022 and ending on February 28, 2022 at the end of the Public Hearing, unless extended by the Board of County Commissioners. Written public testimony may be submitted by Email to: jeffbocc@co.jefferson.wa.us; or by Mail to: Jefferson County Commissioners’ Office; PO Box 1220, Port Townsend, WA 98368. Testimony must be received by the Board of County Commissioners by the end of the hearing public comment period. th Approved and signed this 7 day of February, 2022. JEFFERSON COUNTY BOARD OF COMMISSIONERS Heidi Eisenhour, Chair jeffbocc From: Tom Thiersch <tprosys@gmail.com> Sent: Saturday, February 26, 2022 9:45 AM To: jeffbocc Cc: Public Records; Philip Hunsucker Subject: TESTIMONY: Regarding amending the Jefferson County Public Records Act Compliance Policy ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Commissioners, I am submitting this written testimony prior to the hearing set for Monday, February 28, 2022 regarding proposed amendments to the Jefferson County Public Records Act Compliance Policy (JCPRACP). I have comments on four separate areas of the proposed revision. A document attached to the BoCC agenda for the hearing is named "022822ra02.pdf". I am referring to that document in my testimony. First: Thank you for removing the confusing section 10.4.1 regarding emails from the JCPRACP. Second: On Page 27 of 44 of the "022822ra02.pdf" document, section 6.7 states: 6.7 Responses to Requests are Records Themselves and Must Be Maintained. Responses to requests for records, including responses by email, become records, subject to the provisions of the Public Records Act and the retention requirements of the Office of the Secretary of State, and shall be maintained accordingly. Often, a great deal of effort will have gone into locating, reviewing / redacting, and preparing records responsive to records requests. I recommend that, as part of"maintaining" those responsive records, all such records that have been produced in electronic format be placed on the county's website in an organized and freely accessible location; people seeking that same information should be able to find it for themselves without having to submit a request for records. Any new public records request(s) for the previously produced records can be satisfied by simply providing a link(s) to the records requested. Please add some language to this part of the JCPRACP to make this a reality, not just a "nice to have". Third: On Page 36 of 44 of the "022822ra02.pdf" document, the following new section appears: i 9.0 Optional Request for Reviewl,2 A requestor may (but is not required to) request that the Public Records Act Officer or designee seek review by the Prosecuting Attorney or designee of any failure to provide responsive records in response to any public records act request. The Prosecuting Attorney or designee shall provide a response to the request for review within 10 business days, which shall be provided to the requestor by the Public Records Officer or designee. There are two problems with the above. One: The term "Public Records Act Officer [emphasis added] is an undefined term. I assume the intent was to say "Public Records Officer". Two: The process for requesting the Review is not specified in the proposed revision. The current version of the JCPRACP includes a clear procedure for requesting a review: 9.2 Petition for Review. Any person who objects to any action described in Section 9.1, [sic] may petition for prompt review of such action by submitting a written petition for review to the Jefferson County Prosecuting Attorney's Office and the Public Records Officer. The written request for review shall refer specifically to any written statement that accompanied the action for which review is sought. I recommend that the proposed revision of the JCPRACP include the above language from Section 9.2 or its equivalent to ensure that requestors know precisely what the correct procedure will be. Fourth: On Page 39 of 44 of the "022822ra02.pdf" document, the following new section appears: 9.4.1 .610.4.1.6Reasonable costs, including the cost of staff time spent, for redacting, altering, distorting, pixelating, suppressing, or otherwise obscuring any portion of the body worn camera recording, as authorized by RCW 42.56.240(14)(t), as in effect now or as amended in the future A deposit of the estimated cost of redacting body worn video footage may be required prior to production. The above is part of (newly numbered) Section 10.4.1, which states that "Jefferson County will charge the actual cost [emphasis added] for the following:" The phrase "Reasonable costs" in the above should either be stricken or replace with a redundant "Actual costs". Most requestors will likely disagree with what is "reasonable"! The above should also be applied to the Public Records Cost Schedule on Page 44 of 44 of the "022822ra02.pdf' document. Finally, the $2 de minimis charge at the bottom of Page 44 should be updated to something more realistic like $5 or$10. Thank you, 2 Tom Thiersch Member, Washington Coalition for Open Government ____[RCW 42.30.010 Open Public Meetings Act]==== ====[RCW 42.56.030 Public Records Act]____ "The people of this state do not yield their sovereignty to the agencies that serve them. The people,in delegating authority,do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments that they have created." ### SAVE PAPER-Please do not print this e-mail unless absolutely necessary. 3