HomeMy WebLinkAboutM112805
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 November 28,2005
Chairman Phil Johnson called the meeting to order in the presence of Commissioner David
W. Sullivan and Commissioner Patrick M. Rodgers,
APPROVAL OF MINUTES: Commissioner Rodgers moved to approve the minutes of
November 14,2005 as presented. Commissioner Sullivan seconded the motion which carried by a
unanimous vote.
PUBLIC COMMENT PERIOD: The following comments were made: a petition was
submitted with several signatures requesting that the Board use their authority to hold a public hearing on
the Navy's expansion ofthe uses and activities at Indian Island; in a newspaper article, the Administrator
who oversees the ordinance that was recently passed by the Board of Health regarding junk cars stated that
there is a limit on the amount of the fines that the County will impose; and the County still needs to adopt a
noise ordinance.
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: Olympic Oyster Restoration Project, Marine Resource Committee, Puget Sound
Restoration Fund (PSRF); WSU Cooperative Extension; Betsy Peabody
2. AGREEMENT re: Engineering Design and Construction Services; Donkey Creek Culvert, County
Project No. CR1626 and Various Other Projects; Jefferson County Public Works; Shearer Design
LLC
Page 1
Commissioners Meeting Minutes: Week of November 28,2005
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The Board met in Executive Session from 11 :45 a.m. to 1 :00 p.m. with the County
Administrator, Deputy Prosecuting Attorney, and the Director of Community Development regarding actual
litigation. They came out of Executive Session and took the following action,
Decision re: Jefferson County as Intervener/Defendant in WEC vs Sutherland ("WEC II'')
Lawsuit: Deputy Prosecuting David Alvarez explained that the Executive Session concerned WEe vs
Sutherland, also known as "WEC II,"a lawsuit brought by the Washington Environmental Council against
the Commissioner of Public Lands claiming that the sustainable harvest promulgated by the State
Department of Natural Resources has not been supported by sufficient environmental analysis, The
sustainable harvest was adopted by Resolution #1134 of the Board of Natural Resources as a plan outlining
the number of timber board feet to be harvested from public lands. One out of every thirty-six townships in
the State is dedicated to public lands, The lawsuit has involved approximately 6 counties and the City of
Forks as interveners or defendants. Jefferson County intervened based on the decision of a prior Board of
County Commissioners and, in part, the decision was made because Glen Huntingford, Jefferson County
Commissioner for District 2 at the time, sat on the Board of Natural Resources when the Sustainable Harvest
Resolution was adopted.
Jefferson County was a defendant intervener. The trial court has ruled for the WEC stating that the SEP A
analysis was inadequate and the Sustainable Harvest Resolution has been put on hold. At this point, the
ARFC, an umbrella organization for the timber companies, has decided to change the law firm representing
them in this lawsuit from Perkins Coie to Graham and Dunn.
The issue before the Board is whether they want to commit the name of Jefferson County as a
defendant/intervener to the lawsuit. This is a policy issue and does not have legal consequences or legal
risks.
Commissioner Sullivan moved to have Jefferson County withdraw as an intervener/defendant to the WEe II
lawsuit. Chairman Johnson seconded the motion,
Commissioner Rodgers noted that when the previous Board of Commissioners made the decision to
participate as an intervener/defendant they reviewed a lot of scientific data, the University of Washington
was involved in the process, and ex-Commissioner Huntingford had been a member on the Board of Natural
Resources for several years, He supported the previous Board's decision and continues in that same
position,
The Chair called for a vote on the motion. Chairman Johnson and Commissioner Sullivan voted for the
motion to withdraw as an intervener/defendant in the lawsuit. Commissioner Rodgers voted against the
motion. The motion carried.
Page 2
Commissioners Meeting Minutes: Week of November 28,2005
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David Alvarez stated that he would take the vote as direction from the Board to contact the head of the
ARFC and tell him that Jefferson County is formally withdrawing from the lawsuit.
D
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
;)JAll?ttrJIILL>) CI1JC
~lie Matthes, CMC
Deputy Clerk of the Board
Ph I Johns , Chair
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