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Home My WebLink AboutM110508S ~~ CO~rn~ ~;J?ON' <=Sf t(,. :\ ~\ =-(;:: ".-< \ "'~ I I \ " / \~ ~/ '~sc, G~O/ ~. District No.1 Commissioner: Phil Johnson District No.2 Commissioner: David W. Sullivan District No.3 Commissioner: John Austin County Administrator: Philip Morley Clerk of the Board: Lorna Delaney MINUTES Special Meeting November 5, 2008 Chairman Mike Chapman of the Clallam County Commissioners called the joint public hearing (Special Meeting for the Jefferson County Commissioners) to order at 1 :05 p.m. in the presence of Commissioner Steve Tharinger and Commissioner Mike Doherty. Commissioner David Sullivan and Commissioner John Austin were present representing Jefferson County. Commissioner Phil Johnson had an excused absence. PUBLIC HEARING and Joint Decision re: Water Resource Inventory Area (WRIA) 20 Watershed Management Plan: See attached Clallam County minutes. (Also approval of joint Clallam County RESOLUTION 95, 2008/Jefferson County RESOLUTION NO. 70A-08, regarding the approval of Water Resource Inventory Area (WRIA) 20 Watershed Management Plan) NOTICE OF ADJOURNMENT: Commissioner Austin moved to adjourn the special meeting at 1 :32 p.m. until the next regularly scheduled meeting of the Jefferson County Commissioners on November 10, 2008 at 9 a.m. Commissioner Sullivan seconded the motion which carried. :~i;;.\}"KJ y c""",,. 4;~ ,<~ ';-';t. ~ I.,/~''''; . ',~ ~ SEArh'~",. )>', .., ~ '" v..... J.",~.,"""':,_ ",: '1, l. '\:<II("',~ '::i'.:~'\_"",'" i..._. '-~""",,~,:~-'._- ,';.' , .< ~ '. '"~ 1<4 I J , 'r 't" !f "', ~,,--~./ " ", * , , " ~ , i\ . ATTEST:','...... ..""... ~ ,... .,. " ~, " .) ;J" ;:,..,\. >_~.> JEFFERSON COUNTY BOARD OF COMMISSIONERS DJ (Ex'ciJsed Absence) Phil Johnso Chair 't~~ David ullivan, Member ~J..nr.....J, ,~} Crry , I . f"^/'" uv...... I '- ulie Matthes, CMC Deputy Clerk ofthe Board J~"~ Page I ~ , O!I~lp) e BOARD of CLALLAM COUNTY COMMISSIONERS MINUTES for the week of November 3-7,2008 WORK SESSION The work session convened at 9:06 a.m., Monday, November 3, 2008. Present were Commissioners Chapman, Doherty, Tharinger, and Administrator Jones. Items of discussion per the agenda published October 30, 2008 were: . Calendar/Correspondence . Resolution transferring ownership of a tax title parcel to Public Works, Road Division . Jail Services - Order releasing debt and authorizing settlement, agreement for prisoner confinement services, and settlement agreement . Amendment with ARlNC for support of Olympic Peninsula Safety Communications Alliance Network system extending expiration date and modifying compensation . Agreement with Public Utility District 1 for a "pole contact" at Johnson Creek . land purchase agreement with Agnew Helpful Neighbors Oub Inc. for the Agnew Recreation Fields . Notice of hearing for the Six-Year Transportation Improvement Program Meeting recessed at 9:45 a.m., and reconvened in executive Session at 9:48 a.m. Executive Session concluded at 9:56 a.m., the Board reconvened in open session, and adjourned at 10: 12 a.m. REGULAR MEETING OF THE BOARD OF CLALLAM COUNTY COMMISSIONERS Chair Chapman called the meeting to order at 10:06 a.m., Tuesday, November 4, 2008. Also present were Commissioners Doherty and Tharinger, and Administrator Jones. REQUEST FOR MODIFICATIONS/APPROVAL OF AGENDA . Delete text at 3a and replace with "Resolution calling for a hearing to be held November 18, 2008 at 10:30 a.m. regarding transfer of tax title property to the PubliC Works Department - Road Division" AcnON TAKEN: CMDm to adopt the agenda as amended, CSTs, me CONSENT AGENDA 1a Approval of vouchers for the week of October 27, 2008 Ib Approval of minutes for the week of October 27, 2008 AcnON TAKEN: CSTm to adopt the consent agenda, CMOs, me REPORTS AND PRESENTATIONS . CMD thanked Craig Jacobs and Ross Tyler, Public Works Department, for their attendance at a Black Diamond Water District meeting where they explained road cuts, compaction, and the benefits of utility corridors. . AJJ reported that he and CMD met at the Port of Port Angeles to discuss potential funding partners for the National Oceanic and Atmospheric Administration (NOAA) site selection committee. He indicated that they may have a plan to bring forward next week while they wait for the request for proposals from NOAA. CONTRACTS AND AGREEMENTS 2a jail Services . Sheriff Benedict introduced laura DuBois, Sequim City Mayor; ActIng City Manager/Chief of Police, Robert Spinks; and City Attorney, Craig Ritchie. He explained the series of agreements arose out of a lawsuit filed by the City of Sequim in August 2005 regarding jail BOARD of CLALLAM COUNTY COMMISSIONERS MINUTES for the week of November 3-7, 2008 Page 2 medical. The issue was who should pay for felony medical care of prisoners. After two years of negotiation, a solution was reached. Clallam County is forgiving the debt that arose out of prisoner medical care and has restructured medical ~ontracts. There a $3fday sur~harge for medical care for all prisoners. . Order releasing debt and authorizing settlement ACTION TAKEN: CSTm to approve, CMDs, me . Agreement for prisoner confinement services ACTION TAKEN: CSTm to approve, CMDs, me . Settlement agreement ACTION TAKEN: CSTm to approve, CMDs, me 2b Amendment with ARlNC for support of Olympi~ Peninsula Safety Communications Alliance Network system extending expiration date and modifying ~ompensation ACTION TAKEN: CMDm to approve, CSTs, me 2~ Agreement with Public Utility District 1 for a "pole contact" at Johnson Creek ACTION TAKEN: CSTm to approve, CMDs, me 2d Land purchase agreement with Agnew Helpful Neighbors Oub Inc. for the Agnew Recreation Fields ACTION TAKEN: CSTm to approve, CMDs, me 2e Intertocal agreement with Jefferson County for the Family and Juvenile Court Improvement Plan ACTION TAKEN: CSTm to approve, CMDs, me 2f Amendment 1 with New Growth Behavioral Services extending contract and adding funding ACTION TAKEN: CSTm to approve, CMDs, me ADMINISTRATION 3a Reselt:.ttieA tfa"*FFiAg e~"flership at a tax title paveel te Pl:.thtie '....'erIEs, ReaEl Di\'isieA Resolution caUing for a hearing to be held November 1B, 200B at 10:30 a.m. regarding the transfer of tax title property to the Public Works Department - Road Division ACTION TAKEN: CMDm to adopt. CSTS, me BUDGET 4a Notice that the following Supplemental Appropriations will be adopted by Resolution on November 2S: Develocmental Disabilities - Increased funding from the Department of Sodal and Health Servicesf$l1,244 Suoerior Court - Family and Juvenile Court Improvement Plan grant reimbursement from Jefferson County/$1,600 Deoartment of CommunitY Develooment . Environmental Quality, Salmon Recovery - Increased funding from the Washington Department of Ash and Wildllfe/$60,OOO BOARD of CLALLAM COUNTY (;;OMMI55IONI:R5 MINUTES for the week of November 3-7, 200B Page 3 . Environmental Quality - Grant receipts from US Forest Setvice and WashIngton Department of Ash and Wildllfe/$14,100 . Planning, Housing Rehabilitation - Reimbursement from Community, Trade & Economic DeveIopment/$6,822 . Planning - Grant receipts from Community, Trade & Economic Deveiopment and the Environmental Protection Agency/$114,000 ACTION TAKEN: CMDm to illSU8 notice, CSTs, me 4b Notice that the following Budget Reduction will be adopted by Resolution on November 25: Deoartment of Communitv Develooment. Environmental Qualitv. Watershed Plannill9 - Budgeted expense and reimbursable revenue is being moved to 2009/($427,900) ACTION TAKEN: CSTm to Issue notice, CMOs, me 4c Resolution calling for a hearing to be held November 25 at 10:30 a.m. for the following Debatable Emergencies: DnKl Court - Purchase replacement copier/$5,755 Human f!"""urces . Workers COmpensation Claims - Increased c1aims/$225,OOO . Risk Management - Increased legal fees and claims settlements/$250,OOO Prosecutina Attornev. Coroner - Additional autopsies/$35,Ooo Public Works . Roads - Carryover fundill9 not completed until 2008/$51,553 . Solid Waste - Rental expense not budgeted for 2008/$1,300 . Equipment Rental and Revolving - Carryover capital purchases from 2007 not completed until 2008/$52,908 Sooerior Court -Increased trials and use of pro tern Court Commissioners/$102,600 ACTION TAKEN: CSTm to illSU8 notice, CMDs, me COMMUNITY DEVELOPMENT Sa Resolution authorizill9 action on first half 2009 current use assessment applications ACTION TAKEN: CMDm to adopt, CSTs, me PUBUC WORKS 6a Call for hearing to be held November 25, 2008 at 10:30 a.m. regarding license for use of unopened County right of way ACTYON TAKEN: CSTm to adopt, CMDs, me 6b Notice of hearing to be held November 18, 2008 at 10:30 a.m. regarding the Six-Year Transportation Improvement Program (2009-2014) ACTION TAKEN: CSTm to adopt. CMDs, me A review of the calendar indicates two commissioners will be in Forks at 1 p.m. on Wednesday, November 5 for a joint meeting with the Jefferson County COmmissioners to accept public comment on the proposed Water Resource Inventory Area (WRIA) 20 "Watershed Management Plan," and a NW straits Initiative meeting at the Red Uon on Friday and Saturday. BOARD of CLALLAM COUNTY COMMISSIONERS MINUTES for the week of November 3-7, 2008 Page 4 HEARINGS/APPEALS Hi COntinued closed record appeal hearing on conditional use permit CUP 2008-00001 - Jason Linde, Linde Family Funeral Service o Mark Nichols explains that all parties of record have been noticed. He notes a previous hearing was held on September 16. A record has been created, the parties have submitted written briefs and responses and replies to the same. It is now time for the Board to deliberate; the evidentiary portion is dosed. o CST indicates that a requirement for a conditional use permit is that it is consistent with the land use within the zoning district and that It will have no unreasonable adverse impacts on the surrounding land use. He notes the interpretation of those parts of the code seems to be the crux of the matter and that there would be adverse impacts if permitted. o CMO explains that he supports the Hearing Examiner's ruling that the proposed use is consistent with other uses in the zoning district and neighborhood. He notes seven conditions were part of the Hearing Examiner's decision and that one of the most important is the difference between a cemetery and a crematorium. Another condition of the permit is air quality which has yet to be determined. o CMC disagrees that the record discriminates between a cemetery and a crematorium. He points out a cemetery is not a permitted use in that area and that state law ties the two together; therefore neither is permitted. ACTION TAKEN: CSTm to deny the request for a conditional use permit based on the fact that It Is not consistent with the code when viewed In light of the full record, did not take Into consideration other land uses in the a,-, and that there will be unreasonable adverse Impacts on the surrounding areas particularly odor and particulate, CMCs; CST and CMC vote In favor, CMD votes opposed, me Meeting recessed 10:54 a.m. and continued to 1 p.m., Wednesday, November 5. Chair Chapman reconvened the meeting at 1:05 p.m. Also present were COmmissioners Doherty and Tharinger. Commissioner David Sullivan then convened the special meeting of the Jefferson COunty Commissioners also present was Commissioner John Austin. Several Watershed Planning Participants were in attendance: Katie Krueger, staff attorney Qulleute Natural Resources; John Miller, Director of Oallam COunty Department of COmmunity Development; Michael Blanton, Washington Department of Fish and Wildlife; Tami Pokorny, Environmental Health Specialist for Jefferson County Water QualIty Division; Steve Allison, Director of Natural Resources for the Hoh Tribe; Ian Madver, Timber Resource Manager for Rayonier Inc.; John Richmond, Hoh Watershed Resident; Rich Osborne, North Olympic Lead Entity Coordinator; Ed Bowen, OZette Watershed Resident; Eric Carlsen, formerly with Washington Department of Natural Resources; Roy Grafstrom, Bear Creek/Sol Duc Watershed Resident; Chris Hempleman, Washington Department of Ecology; Terra Hegy, Washington Department of Ash and Wildlife. John Miller provided a brief overview and CMC opened the hearing. o Ed Bowen, P.O. Box 111, Oallam Bay, suggested more outreach and pointed out that a Web- based system does not reach everyone on the West End and that he doesn't want the implementing committee to rely on It. o John Richmond, P.O. Box 536, Forks, expressed concern that the plan did not mentiol\ the importance of agriculture in both cOunties. He points out the West End character includes logging, fishing, and agriculture. He expiains that the Department of Ecology and the Washington Department of Rsh and Wildlife need the backing of the citizens In this effort and they need to get BOARD of CLALlAM COUNTY COMMISSIONERS MINUTES for the week of November 3-7, 2008 Page 5 the word out. He points out the Forks Forum is distributed free of charge to everyone with an address in the West End. AmON TAKEN: CSTm to dose the public hearing, COmmissioner SUllivan seconded, me AmON TAKEN: CSTm to adopt the plan, COmmissioner Austin, seconded, me Meeting concluded at 1:32 p.m. and continued to 9 a.m., Monday November 10. AmON TAKEN: COmmissioner Austin moved to adjourn, Commissioner SUllivan secanded, me PASSED AND ADOPTED this day of November 2008 LAM CO~IONERS Chair ATfEST: -:-';"-;,i.<.. N;)I(J..~H Trlsh Holden, CMC, Clerk of the Board H rdV.Dohe~ ~L.- Stephe . illarir,ger /' KEY TO ABBREVIATIONS: AJJ Administrator Jim Jones, Jr. m CST Commissioner Steve illaringer mc CMC Commissioner Mike Chapman s CMD Commissioner Mike Doherty (Howard V. Doherty, Jr.) moved motion carried seconded BOARDS OF CLALLAM COUNTY AND JEffERSON COUNTY COMMISSIONERS PUBUC HEARING Water RetOUrcelnventory.Af'ea (WRIA) 20 - Wate......d Managem~t Plan I declare under penalty of perjury under the laws of the State of Washington that any testimony that I give is true and accurate. Nt PRINTED NAME SIGNATURE ADDRESS ~ 1 i::d fGM J,o,~ i 5:~~. J~v Co./?oy /)/ c6 9%3"2/ 2 ../t> h n I L!LIb4/{AjJ PO!3;;:3J6 ~ rO]1 j: 3 I \ I 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Signed on November 5,2008 in Forks, Washington J:\publiC\S68 Forms\8OCC Meelings\SPeaker sign uP.doc