HomeMy WebLinkAboutM031405
District No. 1 Commissioner: Phil Johnson
District No.2 Commissioner: David W. Sullivan
District No.3 Commissioner: Patrick M. Rodgers
County Administrator: John F. Fischbach
Clerk of the Board: Lorna Delaney
MINUTES
Week of March 14, 2005
Chairman Phil Johnson called the meeting to order in the presence of Commissioner Patrick
M. Rodgers and Commissioner David W. Sullivan.
Requestfor Source Water Measurements: County Administrator John Fischbach presented
a letter for the Board's signature to the State Department of Ecology requesting data on source water
measurements for water users within WRIA 17. This information is crucial to long range planning.
Commissioner Sullivan moved to approve the letter as presented. Commissioner Rodgers seconded the
motion which carried by a unanimous vote.
At 8:05 a.m., the Board interviewed Linda Swisher who is interested in being reappointed to
the Planning Commission representing District #2.
Approval of Minutes: February 7, 14 and 22,2005: Commissioner Sullivan moved to
approve the minutes of February 7, 14, and 22,2005 as presented. Chairman Johnson seconded the motion.
Commissioner Rodgers abstained from the vote because he wasn't present at these February meetings. The
motion carried.
At 8:45 a.m., the Board interviewed Peter Downey who is interested in serving on the
Planning Commission representing District #2.
Discussion re: Denial of Port of Port Townsend's Proposal for Graving Dock: Larry
Crockett, Executive Director of the Port of Port Townsend, explained that the site ofthe Port/Mill proposal
for the Department of Transportation graving dock for the Hood Canal Bridge project was listed as "high
risk" because ofthe wetlands, tidelands, and eelgrass issues. He felt that an important factor in the DOT's
decision was the time it would take to get the operation running. The top three possible sites chosen for the
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Commissioners Meeting Minutes: Week of March 14,2005
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graving dock were the Mats Mats Quarry in Jefferson County and sites near Everett and Tacoma. Many
residents in Mats Mats and Port Ludlow are concerned about environmental impacts and traffic issues
relating to the Mats Mats location. The Everett and Tacoma sites are both already designated industrial sites
so permitting issues would be minimal. Larry Crockett suggested that the County and the Port draft a
combined letter to the DOT about working with them in the future on other projects because the Port and
Port Townsend Paper Company are willing partners.
Commissioner Rodgers moved to direct the County Administrator to work with Larry Crockett on a letter to
the Department of Transportation thanking them for the opportunity to submit a proposal and asking that the
Port/Mill site be considered for future projects. Commissioner Sullivan seconded the motion which carried
by a unanimous vote.
PUBLIC COMMENT PERIOD: The following comments were made: a request for some
kind of accountability over the past three years by the City and County for revenue and costs of building
permit services and why did the City stop negotiations on combining these services to save the taxpayers
money?; the neighborhood coalition at Mats Mats and the Port Ludlow Village Council are strongly against
the Mats Mats quarry site as a concrete batch plant for the Hood Canal Bridge project because it is an
inappropriate site for such a large operation, it does not have the proper land use designation, and only small
barges can access the bay; background information for the annual reporting process for Port Ludlow
development impact was explained and the report for 2004 was submitted; and a letter and petition was
submitted to the Board that will also be sent to several other organizations and government agencies
requesting that an investigation be conducted regarding the treatment of inmates at the jail.
APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Rodgers
moved to approve the Consent Agenda as presented. Commissioner Sullivan seconded the motion which
carried by a unanimous vote.
1. AGREEMENT re: Drinking Water Joint Plan of Operation #N13615; Jefferson County Health and
Human Services; Washington State Department of Health
2. AGREEMENT, Amendment No.1 re: PrevocationallSpecialized Industries Program; Amendment
to Increase Funding Amount; Jefferson County Health and Human Services; Skookum Corporation
3. AGREEMENT re: CPE E911 Sales/Installation for Position 4; JeffCom; Qwest Interprise America,
Inc.
4. AGREEMENT, Amendment No.1 re: Professional Services for Group Supported Employment;
Amendment to Reduce Funding Amount; Jefferson County Health and Human Services; Skookum
Corporation
5. AGREEMENT, Amendment No.1 re: Professional Services for Developmental Disabilities
Program; Amendment to Increase Funding Amount; Jefferson County Health and Human Services;
People First of Washington
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Commissioners Meeting Minutes: Week of March 14,2005
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6. AGREEMENT, Amendment No.1 re: Community Access for Individuals with Disabilities;
Amendment to Reduce Funding Amount; Jefferson County Health and Human Services; Concerned
Citizens of Forks
7. Request to Waive Solid Waste Tipping Fee for Groups Participating in the Fifteenth Annual All-
Volunteer "Earth Day Cleanup" on April 23, 2005
Discussion re: Proposed Ordinance Enacting a Moratorium Against the Issuance of
Permits or Approvals Pertaining to Adult Businesses: Kevin Russell, Associate Planner, explained that he
is working with the Planning Commission on the UDC update. During the process, the Planning
Commission brought forward questions about establishing regulations regarding adult business. The
timeline for completion on the draft UDC update is May, 2005. Adding this topic requires research, lengthy
discussion, and working with the Prosecuting Attorney, which would move the timeline to next fall.
Commissioner Rodgers clarified that a UDC amendment can be made at any time and does not have to
follow the Comprehensive Plan amendment process. Keven Russell pointed out that ifthe Board puts a six
month moratorium on adult businesses, the issue could be taken on as a separate project once the UDC
update is completed. The City of Port Townsend currently has a six month moratorium on adult business.
The Planning Commission is recommending a County moratorium as a proactive measure. Commissioner
Sullivan noted that he feels it is important for the County to be compatible with the City.
Commissioner Sullivan moved to approve ORDINANCE NO. 04-0314-05, enacting a six month
moratorium against the issuance of permits or approvals pertaining to adult business. Commissioner
Rodgers seconded the motion which carried by a unanimous vote. There will be a hearing on this interim
control within 60 days.
AGREEMENTre: Capital Projects (One-Time Only) Fundingfor 2005; Quilcene
Historical Museum: John Fischbach explained that the Board received a funding request from the Quilcene
Historical Museum in the fall of 2003. In 2004, a settlement of approximately $60,000 was received from a
neighbor who had encroached on a boundary of Broads pit Park in Quilcene. This money went into the Parks
Improvement Fund. The previous Board had discussed giving the Museum $30,000 for a new addition to
include an area in the Museum for the Chamber of Commerce to promote tourism to help the economy. Judi
Mackey, Chair ofthe Quilcene/Brinnon Chamber of Commerce and ex-County Commissioner, stated that
this was the intent of the former Board although it was never formalized in a written agreement. Mari
Phillips, Chair of the Quilcene Historical Museum, added that they were notified verbally by the County
Commissioners and the County Administrator, but never received anything in writing. Commissioner
Rodgers stated that when he became a County Commissioner, he was also told about this funding.
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Commissioners Meeting Minutes: Week of March 14,2005
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Commissioner Rodgers moved to approve the agreement with the Quilcene Historical Museum for one-time
only funding for capital facilities. Commissioner Sullivan seconded the motion which carried by a
unanimous vote.
At 10:45 a.m., the Board interviewed Henry Werch who is interested in serving on the
Planning Commission representing District #2.
From 11 :00 a.m. to Noon the Board met in Executive Session with the County Administrator,
Community Development Director, Deputy Prosecuting Attorney and Associate Planners regarding actual
litigation. They came out of Executive Session and took the following action.
Direction to Chief Civil Deputy Prosecuting Attorney re: Washington Environmental
Council Petitions for Review of a Local Government Decision: David Alvarez, Chief Civil Deputy
Prosecuting Attorney, explained that the Board came out of Executive Session to take action on the record
regarding the Washington Environmental Council's 2001 petition for review of a local government decision,
and on a second petition for review filed on February 16, 2005.
Commissioner Rodgers moved to drop the 2001 petition for review from the Washington Environmental
Council at the mutual consent of both parties. Commissioner Sullivan seconded the motion which carried
by a unanimous vote.
Commissioner Sullivan moved to continue with the second petition for review filed on February 16, 2005.
Commissioner Rodgers noted his concerns about negotiating settlements in this way, and seconded the
motion which carried by a unanimous vote.
David Alvarez pointed out that Mark Johnsen, outside counsel, represented the County on the 2001 petition
for review. He asked that the Prosecuting Attorney's Office be given permission to appoint Mr. Johnsen as
Special Deputy Prosecutor to represent the County in the 2005 petition for review brought by the WEC.
There was a brief discussion about the budget.
Commissioner Rodgers moved that Mark Johnsen be appointed as Special Deputy Prosecutor to work on
this case. Commissioner Sullivan seconded the motion which carried by a unanimous vote.
At 2:00 p.m., the Board interviewed Michael Rody and, at 2:15 p.m., they interviewed Hank
Krist. Both ofthese citizens are interested in serving on the Planning Commission representing District #2.
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Commissioners Meeting Minutes: Week of March 14,2005
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Discussion and Possible Appointment re: Jefferson County Planning Commission District
#2: The Board agreed that the five applicants for this position are all very well qualified. Commissioner
Rodgers noted that the Commissioner representing District #2 should have the chance to recommend the
person to be appointed.
Commissioner Sullivan moved to appoint Peter Downey to serve a four year term on the Planning
Commission representing Commissioner District #2. Commissioner Rodgers seconded the motion which
carried by a unanimous vote. Mr. Downey's term will expire on March 17,2009.
The meeting was recessed at the close of business on Monday and reconvened on Tuesday from
10:00 a.m. to 11 :30 a.m. All three Commissioners were present.
Letter of Support for 2005 Federal Appropriation Request Tamanowas Rock Sanctuary
Project; US Representative Norm Dicks: John Fischbach stated that the Board has been asked to sign a
letter of support for a $1.6 million property acquisition grant for Tamanowas Rock. The local match is
$240,000 which is covered by the Jamestown S'Klallam Tribe, several other local Tribes, and citizen
groups.
Commissioner Sullivan pointed out that Tamanowas Rock may eventually tie in to the Olympic Discovery
Trail which the Congressional Delegation strongly supports. Commissioner Rodgers asked for more
information. John Fischbach explained that the rock is also a State archeological site. Chairman Johnson
added that the property is adjacent to Anderson Lake State Park and the Tribes have already purchased 56
adjacent acres. Commissioner Rodgers asked if the property would be available for public use? He also
stated concerns about the property being taken off the County tax rolls if it is purchased by the Tribes. On
further review, the Auditor's Office explained that when property is purchased by a Tribe, they must make
application to the State to have it removed from the tax rolls.
Commissioner Sullivan moved to have the Chair sign the letter of support for Federal funding for
Tamanowas Rock. Chairman Johnson seconded the motion. Chairman Johnson and Commissioner
Sullivan voted for the motion. Commissioner Rodgers voted against the motion. The motion carried.
Letter of Support Regarding Utility Tax Legislation, HB 2224; Washington State Senator
Jim Hargrove; Representative Jim Buck and Representative Lynn Kessler: John Fischbach presented a
letter for the Chairman to sign regarding County utility tax legislation. If passed, it would allow the County
to levy a tax of up to 2% on public utilities except natural gas and electricity. Any or all ofthe following
could be taxed: cell phones, regular phoI1es, solid waste, cable, sewer, and/or water. The estimated
maximum tax generated in Jefferson County per year is $705,000. Commissioner Rodgers stated that ifthe
County considers this tax, he would recommend that it be put on the ballot. Commissioner Sullivan stated
that if this legislation passes, it will increase the County's options.
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Commissioners Meeting Minutes: Week of March 14,2005
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Commissioner Rodgers moved to have the Chair sign a letter supporting the County utility tax legislation.
Commissioner Sullivan seconded the motion which carried by a unanimous vote.
MEETING ADJOURNED.
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Deputy Clerk ofthe Board
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