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HomeMy WebLinkAboutM012207 District No.1 ColDIDissioBer: Phil JObDSOB District No.2 Commissioner: David W. Sullivan District No.3 Commissioner: John Austia County Administrator: John F. Fischbach Clerk of the Board: Lorna Delaney MINUTES Week of January 22, 2007 Commissioner Phil Johnson called the meeting to order in the presence of Commissioner David W. Sullivan and Commissioner John Austin. APPROVAL OF MINUTES: Commissioner Sullivan moved to approve the minutes of January 8, and 16,2007. Commissioner Austin seconded the motion which carried by a unanimous vote. The Board interviewed Chris Llewellyn who has expressed an interest in serving on the Conservation Futures Fund Citizen Oversight Committee. Letter of Support for Secure Rural Schools and Community Self-Determination Act of 2000 (P.L. 106-393): County Administrator John Fischbach presented a letter for the Board's review and signature to Representative Norm Dicks, Senator Patty Murray, and Senator Maria Cantwell regarding the need for an emergency supplemental budget to fund the Secure Rural Schools and Community Self- Determination Act. The loss of this federal revenue would have a major impact on many County programs, including the County Road Fund. Commissioner Austin moved to sign the letter of support. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Board of Natural Resources; Election for Counties Representative: The Board received an email from the Washington State Association of Counties with letters of interest from four candidates who are interested in representing the counties on the State Board of Natural Resources (BNR). Each County legislative body is allowed one vote. Commissioner Austin moved to have Jefferson County support Clallam County Commissioner Mike Doherty for the BNR position. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Page 1 Commissioners Meeting Minutes: Week of January 22,2007 COUNTY ADMINISTRATOR'S BRIEFING: County Administrator John Fischbach reported on the following: · Citizens have expressed concerns that the workshop scheduled at Port Ludlow at 4:00 p.m. on the Port Ludlow Development Agreement amendment was not legally noticed. Director of Community Development Al Scalf explained that the Board requested that the workshop be held at Port Ludlow. It is an informational meeting only to provide facts to the Board on the creation of the Master Plan Resort (MPR) and the MPR Development Agreement. Anything that occurred after March, 2006 will not be part of the workshop. After reviewing the statute, Civil Deputy Prosecutor David Alvarez stated that the workshop's location out ofthe County seat of Port Townsend makes it a special meeting with specific advertising requirements. He recommended that the Board cancel the workshop and reschedule it to a future date. The County Administrator directed staff to get the word out to the people in Port Ludlow that the workshop is cancelled and will be rescheduled. · Associate Planners Brent Butler and Barbara Nightingale have been assigned to staff the Critical Areas Ordinance Committee. They will also be drafting the ordinance. · A Water Team meeting was held last week. The team is made up of representatives from all County departments that deal with water issues and their goal is to coordinate the work that is being done. They plan to meet monthly. The first issue they will address is the Department of Ecology's proposed instream flow rule. · A new draft ofthe No Shooting Zone Ordinance will be on the Board's agenda within the next few weeks. The Tribes have asked for an exemption to allow them to hunt on usual and accustomed lands. They will send their request in writing. · The Board received a copy of a letter from the Attorney General's Office denying Security Services Northwest's (SSNW) request to investigate the County's compliance with State law in appointing a special deputy prosecutor and to determine whether the County engaged in improper ex parte communications with the Hearing Examiner in the Security Services NW Inc. v. Jefferson County case. · SSNW has appealed the Judge's November 1,2006 Order and his December 13,2006 denial of SSNW's Motion for Reconsideration. The appeal will be heard by Division IT of the Court of Appeals. · The County Administrator will send a letter to SSNW informing them that their request for an emergency order to allow law enforcement officers to qualify at the Fort Discovery Shooting Range is denied because the Board is not authorized under GMA to grant the request. He will also respond to Harry Dudley's request for an investigation regarding Jefferson County's actions and process regarding the complaints against SSNW. · There was a brief discussion on the proposed resolution to end the war in Iraq submitted by the Port Townsend Peace Movement last week. Page 2 Commissioners Meeting Minutes: Week of January 22,2007 Lew Moore, Northwest Straits Commission re: Update on the Northwest Straits Initiative: Lew Moore explained that the Northwest Straits Initiative began in 1997 as the result of a controversy over a federally proposed marine sanctuary listing for the region. A citizen panel oflocal stakeholders was formed to develop a better way to protect, preserve and restore marine resources. The Northwest Straits Initiative is made up of a commission which has an ecosystem focus that covers about 60% of the Puget Sound shoreline in Jefferson, Clallam, Island, Skagit, Whatcom, Snohomish, and San Juan Counties. Each County has a representative on the commission which gives the local citizen group the majority on the panel. There are five members who are appointed by the Governor that represent science, industry, the environmental community, a citizen at large, and a member ofthe Puget Sound Action Team. There is also a Tribal representative appointed by the Secretary of Interior. Each County has a Marine Resources Committee (MRC) made up of representatives from different marine sectors. The MRCs work on a consensus basis to determine projects for their County. They use benchmarks established in the original congressional authorization and the projects are vetted through the Northwest Straits Commission to make sure they are based on sound science. The projects are federally funded. Recently, they established a 501C(3) foundation that funds ecosystem-wide projects. When the original legislation was approved, there was a sunset provision and in 2004, they went through a rigorous review process. The findings allowed the initiative to continue. The Northwest Straits Initiative has only received grant funding for two projects from the State in the past eight years. It is primarily a federally funded initiative. If the initiative is to continue, the commission feels that they need to have a federal/state match. They are currently working with the State Legislature and are looking for support from the counties. Chairman Johnson noted that the Puget Sound Action Team will be dissolved ifthe Puget Sound Initiative is passed. He asked if the Northwest Straits Initiative is going to request funding from the Puget Sound Initiative? Lew Moore explained that the Puget Sound Initiative is a Governor's initiative. A citizen panel developed recommendations which have been translated into standard legislation. The citizen panel for the Puget Sound Initiative has expressed strong support for the Northwest Straits Initiative and is recommending that it be funded at the State level. The Board agreed to send a letter of support. Appointment to the Conservation Futures Fund Citizen Oversight Committee: Commissioner Sullivan moved to appoint Chris Llewellyn to the Conservation Futures Fund Citizen Oversight Committee as an agricultural representative. Commissioner Austin seconded the motion which carried by a unanimous vote. Her term will expire on January 22, 2011. Page 3 Commissioners Meeting Minutes: Week of January 22, 2007 PUBLIC COMMENT PERIOD: The following comments were made by citizens. Several people commented that the current No Shooting Zone Ordinance doesn't need to be replaced; there are too many laws and regulations already; the Board needs to clarify their position regarding the Puget Sound Initiative; there were over 100 citizens at the Critical Areas Ordinance Committee meeting in Quilcene; and a comment was made about the responsibility for the burden of proof on a capital assets inventory public records request. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Sullivan moved to approve the Consent Agenda as presented. Commissioner Austin seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 06-07 re: In the Matter of Establishing the Prosecuting Attorney's Salary for 2007 2. BID CALL re: Publication of County Legal Notices; Bids Accepted Until 9:30 a.m. and Opened and Read Publicly at 10:05 a.m. on Monday, March 5, 2007 in the Commissioners' Chamber 3. HEARING NOTICE re: Intent to Change the Name of a Portion of a Private Road from Carroll Street to Quail Run Lane; Charles Duncan, Proponent; Hearing Scheduled for Monday, February 12, 2007 at 10:05 a.m. in the Commissioners Chambers 4. HEARING NOTICE re: Community Development Block Grant (CDBG) Application Close Out; Regional Microenterprise Development Grant; Olympic Microloan Fund Administered by Cascadia Revolving Fund; Hearing Scheduled for Monday, February 5, 2007 at 11 :00 a.m. in the Commissioners' Chambers 5. REVISED HEARING NOTICE re: Proposed Jefferson County Code Amendment; (JCC 17.10 MPR Code) MLA06-185; Michael Holland, Proposal; Hearing Re-Scheduled from Monday, February 5,2007 at 10:05 a.m. to Monday, February 12, 2007 at 10:45 a.m. in the Commissioners Chambers 6. Payment of Jefferson County Vouchers/Warrants Dated December 27,2006 Totaling $623,295.67 (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.) 7. Payment of Jefferson County Payroll Warrants Dated January 5 Totaling $644,934.99 and January 19,2007 Totaling $111,461.88 and AlP Warrants Done by Payroll Dated December 30 and 31, 2006 Totaling $682,448.32 (Records of all claims submitted for payment along with AlP Warrants approved by the Payroll Services Manager are retained in the Jefferson County Auditor's Office.) 8. AGREEMENTS (2) re: 2007 Hotel-Motel Funding; Jefferson County Administrator; 1) Port Hadlock Chamber of Commerce; 2) Qui1cene/Brinnon Chamber of Commerce 9. AGREEMENT re: Perform Water Quality Monitoring Activities for Chimacum Creek Clean Water Project; Jefferson County Public Health; Jefferson County Conservation District 10. AGREEMENT, Amendment 'D' re: Washington State Homeland Security Grant Funding Administered by Kitsap County; Amending Statement of Work, Period of Performance and Allocation; Jefferson County Department of Emergency Management; Kitsap County 11. Advisory Board Resignation; Ferry Advisory Committee; Michael Cavett 12. Advisory Board Resignation; Gardiner Community Center Board of Directors; Jan Hintermayr Page 4 Commissioners Meeting Minutes: Week of January 22, 2007 13. Advisory Board Appointment; Gardiner Community Center Board of Directors; Three (3) Year Term Expiring February 2,2010; Linda Hanel HEARING re: Proposed Supplemental Budget Appropriations/Extensions for Various County Funds: Chairman Johnson opened the public hearing. The County Administrator stated that the County received $13,146 in grant funding from the State for Public Defender representation. A budget supplemental is required in order to release the funds. Community Services Director Allen Sartin explained that the Board signed the hearing notice on January 8 and it was advertised in the newspaper on January 10 and 17,2007. Chairman Johnson opened the public testimony portion ofthe hearing. Hearing no comments for or against the budget appropriation/extension, the Chair closed the public hearing. Auditor Donna Eldridge questioned which department will administer this grant and the County Administrator replied that it is a one time only grant and the funds go directly to the Public Defender. Commissioner Sullivan moved to approve RESOLUTION NO. 07-07, the order for budget appropriations/extensions for the Public Defender's Fund. Commissioner Austin seconded the motion which carried by a unanimous vote. Discussion and Possible Approval re: Tamanowas Rock Sanctuary Site Management Plan: Tami Pokorny, Environmental Health, explained that in 2005 the Jamestown S'Klallam Tribe and the Jefferson Land Trust proposed the acquisition of a 20 acre easement near Tamanowas Rock and Anderson Lake State Park. The Conservation Futures Citizen Oversight Committee recommended approval ofthe project, and the County Commissioners approved it contingent on approval of a site management plan to ensure that public access is available to everyone. The Jamestown S'Klallam Tribe developed the plan that outlines the activities that would be allowed or prohibited. Passive outdoor activities such as bird watching, hiking, and general nature appreciation are allowed. The property would still be accessed from Anderson Lake State Park. Activities that would degrade the property would be prohibited including horseback riding, bicycling, and open fires. The Management Plan doesn't distinguish between individuals in the public except regarding sacred ceremonies. Leo Gaten, Tribal Attorney and Planner, stated that there are three tribes that would use the property near the rock for sacred ceremonies. There was a discussion about scheduling ceremonies that the general public could not attend and how the public would be made aware ofthe closure. There may also be closures due to inclement weather. The easement is designated as commercial forestland and the Management Plan mentions pre-commercial thinning for a sustainable harvest Forest Management Plan. Commissioner Sullivan moved to approve the Tamanowas Rock Sanctuary Site Management Plan. Commissioner Austin seconded the motion which carried by a unanimous vote. Page 5 Commissioners Meeting Minutes: Week of January 22,2007 The Board met in EXECUTIVE SESSION from 1 0:35 a.m. to Noon with the Prosecuting Attorney, County Administrator and Director of Community Development regarding potential and actual litigation. The WORKSHOP regarding the Port Ludlow Development Agreement amendment (Trendwest) that was scheduled from 4:00 p.m. to 6:00 p.m. at the Port Ludlow Bay Club was cancelled. (See earlier in minutes.) NOTICE OF ADJOURNMENT: Commissioner Sullivan moved to adjourn the meeting at 12:04 p.m. Commissioner Austin seconded the motion which carried by a unanimous vote. The next meeting is scheduled for Monday, February 5,2007 at 9 a.m. JEFFERSON COUNTY BOARD OF COMMISSIONERS \ i' : , ! C': ~,..,' , . .. .. . I \, lit . . J.. _..c. , \ ~. ~~ ~.~. I ,. '" . . '." ../ "'". .. .. ,'" i.. ,~. ,,-,II) ," e: ~t{~/Cr>l( Julie Matthes, CMC Deputy Clerk of the Board "'1'. . ... . ATT~SI: Phil John , Chair fltJt!~- David W. Sullivan, Member ~ Austin, Member Page 6