HomeMy WebLinkAboutM051605
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 May 16, 2005
Chainnan Phil Johnson called the meeting to order in the presence of Commissioner Patrick
M. Rodgers. Commissioner David W. Sullivan wasn't present due to an excused absence.
COUNTY ADMINISTRATOR BRIEFING: Acting County Administrator Allen Sartin
asked which of the Commissioners would be covering the OlyCap meeting tomorrow for Commissioner
Sullivan? Chainnan Johnson volunteered to go to that meeting in Commissioners Sullivan's place.
APPROVAL OF MINUTES: Commissioner Rodgers moved to approve the minutes of May
9,2005 as presented. Chainnan Johnson seconded the motion which carried.
The Board met in Executive Session with the Prosecuting Attorney and the Acting County
Administrator regarding potential litigation from 9:00 to 9:15 a.m.
APPOINTMENT; Jefferson County Civil Service Commission; Dennis Cowan: After
interviewing Mr. Cowan, Commissioner Rodgers moved to appoint him to an unexpired tenn on the Civil
Service Commission. Chainnan Johnson seconded the motion which carried. Mr. Cowan's tenn will expire
November 14,2005.
PUBLIC COMMENT PERIOD: The Chair read the infonnation regarding the public
making comment during the public comment period. The following comments were made: The
Commissioners were encouraged to put together a meeting of all the taxing districts in the County and
provide leadership regarding fiscal responsibilities because taxpayers are tired of rising taxes which is what
all of the taxing districts are talking about; the Commissioners were urged to fonnally weigh in on the City's
fonnula store ordinance to represent the interests in County owned property in the City limits; the County
could bond to restore and repair the Courthouse and has anyone studied the bonding capacity, current bond
load and the total assessed valuation of the County? and a blue ribbon citizens commission needs to be
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Commissioners Meeting Minutes: Week of May 16, 2005
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established to review this issue; there is no legal way to stop chain stores from coming in but there is no
problem with limiting the scope of these types of stores; and the Department of Peace is an idea that is being
re-introduced at the federal level, but it needs to also be started at the local level and it would be a good
thing for the County to support.
APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Rodgers moved
to approve the Consent Agenda as presented. Chainnan Johnson seconded the motion which carried.
1. RESOLUTION NO. 31-05 re: Authorizing the Substance Abuse Advisory Board (SAAB) to Report
to the Jefferson County Board of Health
2. RESOLUTION NO. 32-05 re: Naming a Private Road Mossy Lane; Michael Hughes, Richard
Schweiger, Elaine and Jerome Jernberg, E.J. and Alice McKeever, Thomas Nunamacher, and Ronald
Look, Petitioners
3. AGREEMENT re: Guaranteed Pricing for MicroSoft Products; Jefferson County Central Services;
Washington State Department of Infonnation Services
4. AGREEMENT re: Painting the Correction Center Building Exterior; Jefferson County Central
Services; Todd Robinson Painting, Inc.
5. AGREEMENT NO. LOI00030, Amendment No.2 re: Septic Repair Revolving Loan Fund Project;
Amending Loan Amount, Project Completion, and Final Repayment Schedule; Jefferson County
Health and Human Services; Washington State Department of Ecology
6. AGREEMENT NO. 0363-28151, Amendment No.3 re: Substance Abuse Prevention and
Treatment; Amended to Reduce Funding Amount; Jefferson County Health and Human Services;
Washington State Department of Social and Health Services, Division of Alcohol and Substance
Abuse
7. AGREEMENT NO. G001786, OGRD NO.1 03462 re: Beach Watchers Volunteer Monitoring
Training Program; Jefferson County WSU Extension; Washington State University
8. AGREEMENT NO. 02-1292 re: Acquisition and Construction of Segments 3 and 4 of the Larry
Scott Memorial Trail; Jefferson County Public Works; Washington State Interagency Committee for
Outdoor Recreation
9. AGREEMENT re: Collective Bargaining Labor Agreement for Sheriffs Office Administrative and
Jeff Com; January 2004 through December 2006; Jefferson County Sheriff and Jeff Com; Teamsters
Local Union 589
10. LOCAL AGENCY AGREEMENT And PROJECT PROSPECTUS re: Funding for Emergency
Repairs to Upper Hoh Road, Project No. CR1689; Jefferson County Public Works; Washington State
Department of Transportation
11. EASEMENT re: Granting Underground Utility Easement Rights Across a Portion of County Owned
Property Located at North Beach Park in Perpetuity for Sewer Outfall Purposes; City of Port
Townsend
12. TEMPORARY CONSTRUCTION PERMIT re: Repairs and Construction Improvements to the
Existing Sewer Outfall System Located at North Beach; City of Port Townsend
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Commissioners Meeting Minutes: Week of May 16, 2005
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North of SR 20 and Anderson Lake Road Intersection; Malamute Associates, LLC, Applicant
(Previous Applicant: BMW Investments, LLC)
14. Advisory Board Reappointment; Jefferson County Solid Waste Advisory Committee; Two (2) Year
Tenn Expiring April 26, 2007; Representing the City of Port Townsend, John Merchant
Dennis Schultz, Conservation Futures Advisory Board Annual Funding Recommendation
for 2005 Application Period: Dennis Schultz, Chainnan of the Conservation Futures Citizens Oversight
Committee explained that the Conservation Futures Fund is a special tax assessment (set by State law and
County Ordinance) to be used to purchase land or conservation easements. The Citizens Oversight
Committee is appointed by the Commissioners to make recommendations on how these taxes should be
spent. Applications are submitted, the applicants make a presentation to the Advisory Board on their project
and the Advisory Board members tour the site in person or by video tape. Then the Committee rates each
application on how it meets the goals of the Fund. This year there were two applicants:
1) Tamanowas Rock Sanctuary: Jamestown S'klallam Tribe for property they purchased adjacent
to Tomanowas (or Chimacum) Rock. The property does not include the rock itself and it is bordered
by Anderson Lake. The Tribe wants to put a conservation easement on the property and they will
abandon the right of way leading up from Anderson Lake Road. They are also trying to purchase the
property the rock actually sits on. This is a 20 acre parcel, zoned R20 and is currently in the Open
Space Timber program. They are asking for $67,699.00. This is phase one of a multi-phase project
to help protect the rock which is a sacred place to the Tribes.
2) East Tarboo Creek Conservation Project: This is a series of parcels located off East Tarboo
Creek. It is a 47 acre property that the Northwest Watershed Institute is in the process of purchasing
for a conservation easement. They are asking for $140,341 for this easement. The applications can
only be for 50% ofthe cost of the easement. The match is a 20 acre conservation easement on
timber on the adjacent Yeakel-Purdy property. The plan is to restore this property and retain one
acre that has a house on it. This will protect 2,000 feet of East Tarboo Creek and 2 tributaries which
will protect salmon runs. This is a critical watershed area and is part of a long tenn plan to protect
the whole Tarboo Creek area.
Mr. Schultz continued by noting that the impact on property taxes of these conservation easements is
misunderstood. Currently the Tamanowas Rock property is assessed at $1,500 and pays $15.00 per year in
property taxes. Putting this easement on means that this property will be taken out of the Open Space Forest
program and be reassessed which may result in higher property taxes. Part of the East Tarboo Creek
property may also see an increased valuation which could mean a higher tax. These easements will still
provide some property taxes and the implications are very complex.
Commissioner Rodgers stated that the registered members of an Indian Tribe pay no federal tax. Mr.
Schultz added that there is a new Supreme Court ruling that if an Indian Tribe purchases land and places it
in Indian Trust the Conservation Easement still applies to the land. It would not be taken off the tax roles.
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Commissioners Meeting Minutes: Week of May 16, 2005
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Commissioner Rodgers asked about the access to the Tamanowas Rock property? Mr. Schultz advised that
there will be non-motorized public access. They will leave it open for the public and the Indian Tribes to
use. Commissioner Rodgers asked if the easement is subject to the right ofthe public to enter and enjoy the
property? Sara Spaeth, Jefferson Land Trust, answered that the easement would be written in such a way to
allow public access. Commissioner Rodgers asked if it would allow or insure it? The Tribe is in the process
of detennining if they want to transfer some ofthat land to State Parks. At this point the easement placed on
the property would insure that public access would be pennitted, Sara Spaeth explained. Commissioner
Rodgers stated that he is concerned in this particular case (Tamanowas Rock) the public access and
enjoyment is an issue and he doesn't want the County to be put in a place where public funds have an odd
unintended consequence of barring the public from the property.
Mr. Schultz stated that the easement hasn't been written yet and the County can put conditions on the use of
the funds if the Board approved this request. Commissioner Rodgers stated that he wants it clear that there is
no discretionary ability to prevent usage by the general public. He would like David Alvarez to review the
conditions on this easement. We need to have equal access to every person in this County or the County
doesn't have to provide funding. The purpose of this easement is recreation and the public interest is best
served by all people having access and recreation ability. If the purpose of the easement is to protect the
source of water or some other resource, you wouldn't necessarily require public access. It's what the
underlying fundamental purpose is for granting the money from the fund that dictate what the conditions
will be. Sara Spaeth added that the purpose of this project is to assure that it is a place for recreation by the
Tribal members and the general public of the County. The intent of the Conservation Futures program is to
look at public benefit and public access is one public benefit. One benefit Commissioner Rodgers stated that
he sees with this project is that the people of the County would receive a park, but the County doesn't have
to maintain it because that is the responsibility ofthe Tribe. The Tribe is really benefitting from this project.
Mr. Schultz thanked the Board for the staff support provided to the Committee.
HEARING re: Conservation Futures Advisory Board Annual Funding 2005
Application Period: The Chair opened the hearing for public comments.
Kees Kolff. Port Townsend, Member ofthe Board of the Jefferson Land Trust: Stated that he is speaking as
an individual. He thanked the Committee and the staff for all of the excellent work they did on evaluating
these projects. He fully supports the concept of allowing controlled reasonable public access that is
consistent with the values the Conservation Futures Fund is trying to protect.
Dennis Schultz: Mr. Schultz pointed out that the Jefferson Land Trust will oversee the stewardship of these
easements. He also added that when they rated these applications it was a unanimous vote of the Committee
that both of these projects be funded. They rated very high. They are projects Conservation Futures Funds
are intended for.
Owen Fairbanks. Port Townsend. Member of the Jefferson Land Trust Board: He said it's exciting to see
how working together properties can be protected and made available to the public in ways that individual
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Commissioners Meeting Minutes: Week of May 16, 2005
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groups could not do alone. He thanked the County for supporting their part of the puzzle.
Peter Bahls. Northwest Watershed Institute: He thanked the volunteer committee that reviewed these
proposals. It was a rigorous review this year. The Committee members took their jobs seriously and he
appreciates their work on this.
Hearing no further public comment the Chair closed the public testimony portion of the hearing.
Commissioner Rodgers said that he wants the Board to review the public access plan for the Tamanowas
Rock Project because no group should be favored over any other group. Ifthe public access right is given to
one group, the same access should be given to every other group. He then moved that conditioned upon
guaranteed reasonable, controlled public access, compatible with protection of the conservation values of the
property and as specified in a public access plan produced and provided by the property owners and
approved by the County, that the recommendation of the Conservation Citizens Oversight Committee for the
Tamanowas Rock Project is adopted. Chainnan Johnson seconded the motion which carried. Commissioner
Rodgers reiterated that he wants the County Commissioners to see the public access plan before any funds
are dispersed on this project.
Commissioner Rodgers then moved to adopt the recommendation of the Conservation Futures Citizen
Oversight Committee for the East Tarboo Creek Conservation Project. Chainnan Johnson seconded the
motion which carried.
The Board members thanked the Committee for their hard work.
MEETING ADJÇ}URNED ,
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Lorna Delane~MC' .. Q----
Clerk of the Board
(Excused Absence)
David W. Sullivan, Member
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Patrick M. Ro gers, Member
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