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HomeMy WebLinkAboutM072808 ~1 COMAih.... ~~ON~' ST!~'9 v\ &!fz7 \ ~\ (.... ~ ~ -<I , ' , \ / \~ ~/ ~./f 6<<;,0/ ~~ District No.1 Commissioner: Phil Johnson District No.2 Commissioner: David W. Sullivan District No.3 Commissioner: John Austin Interim County Administrator: Dennis Richards Clerk of the Board: Lorna Delaney MINUTES Week of July 28, 2008 Chairman Johnson called the meeting to order in the presence of Commissioner David Sullivan and Commissioner John Austin. PUBLIC COMMENT PERIOD: The following comments were made by citizens: a citizen asked if the County has a performance bond from the Statesman Group regarding the proposed Master Planned Resort in Brinnon?; several people voiced their concerns about the proposed Iron Mountain Quarry operation in Port Ludlow and a petition was submitted; a citizen stated his concerns about the economic future of the County; two people commented on the voter fraud case that was discovered by the Auditor's Office; a person commented on the recent actions taken by the Board on the Fred Hill Materials contract regarding the Environmental Impact Statement for the Pit-to-Pier project; a citizen stated that he thinks it is important to hear both sides of an issue in order to make an informed decision; two people stated their opinion that rules and regulations need to be applied the same way for everyone; a person mentioned that it is difficult to find a parking place near the Courthouse on Monday mornings; and a citizen stated that he thinks the lay offs at the Port Townsend Paper Company will have an affect on the County's economy. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Austin moved to delete Item #3 and approve the balance ofthe Consent Agenda. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Commissioner Austin asked for more data from staff regarding Animal Services and the process for distribution of fees. 1. RESOLUTION NO. 55-08 re: Naming a Private Road Romans Road; James Rosenquist, Petitioner 2. AGREEMENT re: Caretaker Services for Gibbs Lake; Jefferson County Public Works; Donn and Cher Albright 3. DELETED AGREEMENTS (2) fe: Regional Services; 1) Municipal Court and Jail Services; and 2) Public Health and Animal Services; City of Port Townsend 4. Payment of Jefferson County Vouchers/Warrants Dated July 21,2008 Totaling $257,993.56 5. Payment of Jefferson County Payroll Warrants Dated July 18,2008 Totaling $96,374.56 and AlP Warrants Done by Payroll Dated July 18,2008 Totaling $18,064.82 Page 1 Commissioners Meeting Minutes: Week of July 28,2008 kft' " I'~~\ ~..~;, ~.,.",~ COMMISSIONERS BRIEFING SESSION: The following items were discussed, . Commissioner Austin reported that he was advised by the Prosecuting Attorney that the Board should not make any comment on the Iron Mountain Quarry project . Commissioner Austin noted that there is a new Park Superintendent at the Olympic National Park . Chairman Johnson and Commissioner Sullivan agreed that they think the voter fraud case is being handled properly. . Olympic Community Action Programs (OlyCAP) received a $200,000 matching grant by the Gates Foundation that will help pay for their office building in Jefferson County, . Central Services Director Allen Sartin reported that the benches in Superior Court have been completed and installed. Commissioner Austin added that the benches are actually pews from a local church. . Allen Sartin reported that there was a problem in the sewer lines at the Courthouse last week but it has been repaired. Donna Eldridge, Auditor re: Petition for a Ballot Proposition; Jefferson County Public Utility District No. I (PUD) to Construct or Acquire Electric Facilities for the Generation, Transmission or Distribution of Electric Power: Donna Eldridge explained that the Board is being asked to approve a resolution directing the Auditor's Office to put a proposition for County voters on the ballot in November. This proposition asks if the PUD should be given the authority to construct or acquire electric facilities for the generation, transmission or distribution of electric power in Jefferson County? The deadline for putting items on the ballot is August 12. Per RCW 54.08.070, at least 10% of qualified voters signed a petition asking for the proposition to go on the ballot. The signatures on the petition were certified and the Board's approval of the resolution is the next step. Donna Eldridge pointed out that there were more than enough valid signatures on the petition and, when staff reached the 10% threshold that was required, they stopped reviewing the additional signatures. Dana Roberts, PUD Commissioner, stated that if the Board acts on this resolution, it will give voters the opportunity to make the decision about the electric power authority. He thinks it would benefit everyone. Terry Oxley, Puget Sound Energy (PSE), stated that he shares those sentiments. He thinks that the important factor is that the public gets the information they require to make an informed vote. PSE welcomes the process because it will show how critical electrical services are delivered. Commissioner Sullivan moved to approve RESOLUTION NO. 56-08, a ballot proposition for Jefferson County voters to approve or reject a proposition that Jefferson County Public Utility District No. I construct or acquire electric facilities for the generation, transmission or distribution of electric power. Commissioner Austin seconded the motion which carried by a unanimous vote. Page 2 Commissioners Meeting Minutes: Week of July 28, 2008 fJ ~' Discussion re: Notice of 60 Day Termination; Alex Hill, Fred Hill Materials, Inc.: (See also minutes of July 21 and 25,2008) County Administrator Dennis Richards reported that the Board held a special meeting on July 25 to discuss the action they took regarding the Fred Hill Materials contract with the County on July 21. Chairman Johnson and Commissioner Austin were present at the special meeting and took action to allow the work on the Environmental Impact Statement (EIS) on the Pit to Pier project to continue because FHM paid the County the money that was owed. Commissioner Sullivan was not present at the special meeting and at that time the other Commissioners decided to wait until he was available to discuss the 60 day termination notice in the contract. Commissioner Sullivan stated that he would like to see the contract re-negotiated to include a clause that would protect the County from late payments by FHM in the future. He suggested a deposit or escrow account and added that staff can work with FHM on the details. Chairman Johnson noted that the 60 days started on July 21 and he does not want to fmd the County in this situation again. He stated that FHM had indicated that they had some questions about the billing, but the communication between DCD and FHM doesn't indicate.that this was mentioned. Commissioner Sullivan stated that there is a dispute resolution process in the contract that would apply. Commissioner Austin reiterated that the letter approved at the special meeting allows the work to continue. He agreed that staff and FHM should work together to develop a solution so this won't happen again. Dan Baskins, Project Manager for Fred Hill Materials, stated that FHM frequently discusses any concerns they have with the quality of work or other issues regarding the EIS with staff and the Director of Community Development. This is a normal part of writing an EIS which must address legal standards. In March, 2003, FHM requested an EIS and they have never minimized the importance of one. FHM has invested millions of dollars in studies for public review. In April, the County gave FHM notice that they would begin paying for the time spent on the EIS by the DCD Director and the SEP A Official. This was not part of the contract, and the Director has been asked to resolve this per the contract. Dan Baskins said that he talked with the Director on July 3 about the monies that were owed. He stated that FH1v1 will not re-negotiate the contract and if the County continues with the termination clause, it will be at it's ovm peril. When the contract was originally negotiated, FHM had suggested that an escrow account be set up, and the County rejected the idea. He stated that the contract has served the County well for over a year and it will continue to function well in the future. He thinks that the County Commissioners have gone far.beyond their authority to send out the termination letter because any questions or concerns the Board had should have been addressed by the County Administrator and the Department. He added that FHM is operating in good faith. Commissioner Austin asked for clarification of the "County's own periL" Dan Baskins replied that the contract stands and is a functioning contract. He explained that it is unusual to have this much public participation in the writing of an EIS in the State of Washington. The County has placed a burden on FHM by threatening termination of the contract in 56 days. FHM will have to decide if this was a good faith action or not a good faith action on the County's part. Page 3 Commissioners Meeting Minutes: Week of July 2S, 200S ~.""'c, ,;;', ,'. .~~ -+_.~.,,< """,.,,,\~ The Board asked ifFHM will be paying the bills on time in the future? Dan Baskins assured them that they would. He added that FHM will operate under the terms of the contract if there are concerns. He stated that this is a very intense process and they want a document that will withstand scrutiny. Commissioner Sullivan asked about a request for payment by July 18 that was sent to FHM by staff? He said that staff said they didn't get a response. Dan Baskins replied that they had a discussion on July 3 that dealt with the issues and he attempted to call staff but didn't talk with anyone. Staff said that they did not have a voicemail. James Tracy, FHM Attorney, stated that he agrees that the dispute resolution provision in the contract should be the first remedy sought if there is an allegation of failure to perform under the contract by either party. The County has given FHM notice that if the contract isn't re-negotiated, it will be terminated within 60 days. Chairman Johnson asked again ifFHM will continue to pay their bills? James Tracy stated that he is going to advise the Board of Directors for FHM not to pay any bills while the threat of termination of the contract or the condition of re-negotiation remains. He noted that Jefferson County does not have a policy that addresses late payment penalties or other remedies if contractors do not pay on time. He said that if there was policy in place, and it was applied uniformly for all contractors, FHM would also be required to comply. Jefferson County has a right to timely payments from contractors but the County has accommodated the conditions that lead to late payments by other contractors in the past, such as the City of Port Townsend. There was a brief discussion about the possibility of a law suit or other course of action. Commissioner Sullivan stated that FHM has paid their past due invoices and they have made a commitment to pay their bill due on July 31. He thinks it would de-escalate the situation to rescind the 60 day termination and it could always be done at a later time. If it is rescinded, it may allow for negotiations regarding an escrow account Commissioner Austin agreed. Chairman Johnson added that he still has concerns about FHM paying their bills on time, but he agrees, Commissioner Sullivan moved to direct the County Administrator to send a letter to FHM notifying them that the Commissioners have rescinded the notice of termination of the contract regarding the EIS. Commissioner Austin seconded the motion which carried by a unanimous vote. Peter Bahls, Northwest Watershed Project Presentation and Possible Approval of Letter of Support re: Tarboo - Dabob Bay: Peter Bahls thanked the Board for their support on this project He explained that the Department of Natural Resources (DNR) was asked to expand the boundaries of the Dabob Natural Area Preserve, allowing them to work with willing landowners on land acquisitions and conservation easements. The State Trust Lands within the boundary would become eligible for the Trust Land Transfer Program which reimburses the Trust when the land is converted from timber status. DNR scientists took 9 months to assess the bay. The Natural Heritage Advisory Council (NHAC) reviewed the information and presented a proposed boundary at a public meeting in Quilcene in May. After the meeting the NHAC made a final recommendation on the boundary, A public hearing will be scheduled in August and then Commissioner of Public Lands Doug Sutherland will make the final decision on the boundary. Page 4 Commissioners Meeting Minutes: Week of July 28, 2008 Peter Bahls reviewed the proposed boundary on the map. He noted that the State Legislature has appropriated approximately $5 million from the Trust Land Transfer Program specifically for Dabob Bay. The money can be used to reimburse the Trust for school land only. He said that the land value from the Trust lands goes to buy replacement lands and the taxing district doesn't lose any revenue. There are also Forest Board Lands in the proposed boundary and a land swap outside ofthe boundary would be required. The DNR has a pending timber sale on land that is partially inside the proposed boundary. He recommended that the entire property be included in an expanded boundary. Peter Bahls also presented a letter of support from the Hood Canal Coordinating Council. He asked the Board to sign a similar letter of support asking that the proposed boundaries be expanded. Commissioner Austin moved to send a letter of support to Commissioner Sutherland. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Presentation Hastings Estate Company re: Hastings Building Project: Harry Dudley gave a presentation on a proposed project to save Hastings Landing in downtown Port Townsend. The project includes plans to rehabilitate the historic Hastings Building. He explained that the development of Hastings Landing includes construction of a passenger-only ferry terminal, a customs clearance facility, and a four- star boutique hotel that would be supported by retail shops and a spa in the historic Hastings Building. The new structure "ill seismically retrofit the old structure. He noted that the City of Poit Townsend supports their application for CDBG grant funding. The Board met from I :30 p.m. to 2:44 p.m. in Executive Session with the Interim County Administrator and Prothman Consulting Group regarding personnel; an exemption as outlined in the Open Public Meetings Act RCW 4230.110 (g) HiringlDiscipline/Performance. The Board came out of Executive Session and took the following action. Motion for Prothman Consulting Group to Continue Review of Top Ranked County Administrator Applications: Commissioner Austin moved to have Prothman Consulting Group continue their review process ofthe top-rated candidates for the regular County Administrator position. Commissioner Sullivan seconded the motion which carried by a unanimous vote. COUNTY ADMINISTRATOR BRIEFING: The proposed Chimacum No-Shooting Area was discussed. Page 5 Commissioners Meeting Minutes: Week of July 28, 2008 ~~ ~ .r"".,' NOTICE OF ADJOURNMENT: Commissioner Austin moved to adjourn the meeting at 4:24 p.m. Commissioner Sullivan seconded the motion which carried by a unanimous vote. MEETIN_~'~q~E;D SE~~.J'~~';J ~.' . U~..... ~". ~,.~. ..~-~1"~1'i~' >..:;'-., \. '. l(}~ ,; '/ ,'-. ..~' :\, -.-.~ / ". ATTB!';T. ". . . . ,/ #' ~. L~ ':.i. . ~: 1 ~ ~ '" a " ....-. ">;,'1'1 JEFFERSON COUNTY BOARD OF COMMISSIONERS .I:.rh. . ~l . !.J!-~\ ~htl Johns n, Chair L~//l~ /L.IK.~c David W. Sullivan, Member ~2J~~CrtlL Deputy Clerk of the Board (\J CtD JO~~, Member V Page 6