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HomeMy WebLinkAboutM080309o~ cots ~~ ~'i ~~ 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: Loma Delaney MINUTES Week of August 3, 2009 The meeting was called to order by Chairman David Sullivan at the appointed time in the presence of Commissioner Phil Johnson and Commissioner John Austin. PUBLIC COMMENT PERIOD: The following comments were made by citizens in attendance at the meeting: A citizen suggested that a reverse osmosis plant would be a good thing to use in this County, especially for the waste treatment facility in the City of Port Townsend and he would like to see language in the Shoreline Master Program to allow homeowners to use this type of system for drinking water; another man talked about earthquakes and tsunamis and the magnitude of the damage caused by them; the same man suggested that all County functions in this building (Courthouse) be moved to Port Hadlock; the draft Shoreline Master Program is in the packet this morning but is not ready for the Board to consider another citizen pointed out, because he feels the policy is riddled with non-regulatory statements that can not be used by the Heazing Examiner in a quasi judicial determination. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Austin moved to approve the Consent Agenda as presented. Commissioner Johnson seconded the motion which carried by a unanimous vote. 1. HEARING NOTICE: Intent to Sell Surplus County Property; Hearing Scheduled for Monday, August 17, 2009 at 11:00 a.m. in the County Commissioner Chambers 2. AGREEMENT NO.0963-66520: Evidence Based Expansion; Jefferson County Juvenile Services; Washington State Department of Social and Health Services; Juvenile Rehabilitation Administration 3. AGREEMENT NO.0963-67656: Consolidated, Disposition Alternatives & Various Services; Jefferson County Juvenile Services; Washington State Department of Social and Health Services; Juvenile Rehabilitation Administration 4. AGREEMENT NO. 0663-98276-03, Amendment No. 3: Juvenile Accountability Block Grant for Proctor Home; Jefferson County Juvenile Services; Washington State Department of Social and Health Services; Juvenile Rehabilitation Administration 5. AGREEMENT NO. IAA10108: Improve and Support Family and Juvenile Court Operations; Jefferson County Juvenile Services; Washington State Administrative Office of the Courts 6. AGREEMENT, Amendment No. 1: Birth -three (3) Years, Developmental Disabilities Program; Jefferson County Public Health; Concerned Citizens of Forks 7. AGREEMENT, Amendment No. 1: Community Access, Developmental Disabilities Program; Jefferson County Public Health; Concerned Citizens of Forks 8. AGREEMENT, Amendment No. 1: Individual Employment, Developmental Disabilities Program; Jefferson County Public Health; Concerned Citizens of Forks 9. AGREEMENT, Interlocal: Reimbursable Work and/or Rental of Equipment; Jefferson County Page 1 Commissioners Meeting Minutes: Week of August 3, 2009 ~s Public Works; City of Port Townsend Public Works Department 10. AGREEMENT: Scale Maintenance and Certification Services; Jefferson County Public Works; Weigh Tronix 11. Letter of Support for Purchase of Tamanowas Rock; Washington State Parks and Recreation Commission 12. Payment of Jefferson County Vouchers/Warrants Dated July 22, 2009 Totaling $3,308.30 and Dated July 27, 2009 Totaling $383,117.89. COMMISSIONERS BRIEFING SESSION: The Commissioners and the County Administrator each reported as follows: Commissioner Johnson: • He was in Brinnon on Thursday to welcome the tribal canoes • He attended the City s Community Development Land Use Committee meeting. A potential charter and by-laws for a Public Development Authority were discussed Commissioner Austin: • He attended a Navy review in Seattle • OlyCap passed a recent audit with no problem Chairman Sullivan: • He was present to welcome the tribal canoes in Port Townsend over the weekend • The Port Townsend ferry was cancelled today due to mechanical problems with the boat Philip Morley, County Administrator • The Washington Counties Risk Pool met last week and he learned that the Pool's insurance premiums for the new policy year will be increased by roughly 29% and possibly 30% in the following year • Jefferson County currently has a deductible of $10,000. He will be reviewing whether it will be more cost effective to increase the deductible to the next level which is $25,000 • The Risk Pool continues to provide training tools to help reduce risk exposure. Philip Morley then advised that WSU Extension submitted a Proclamation for Farmer's Market Week and he asked the Board to consider approving it Chairman Sullivan read the proclamation Commissioner Austin asked if there is a Farmer's Market in Brinnon and if there is should be added to this proclamation? He will check before the afternoon briefing. (See item later in Minutes) BID OPENING re: Supply of Membrane Bioreactor (MBR) Equipment for the Port Hadlock Wastewater Facility: Joel Peterson, DCD Associate Planner opened the bids for equipment, design services and construction services for the Port Hadlock Wastewater facility. There may at least three bids from each bidder. The Department will review the bids for accuracy and make a recommendation for an award that is to the best advantage of the County. BIDDER BID Aqua Aerobics Systems, Inc. IL $1, 588,481.68 Membrane Unit 26,000.00 Page 2 Commissioners Meeting Minutes: Week of August 3, 2009 ~'~ ~, BIDDER BID Aqua Aerobic Systems, Inc. IL (Continued) Membrane Services Agreement first 5 years 127,117.00 `' second 5 years 88.512.00 GE Water and Process Technologies of Canada $ 1,516,299.00 Membrane Unit 1,105.00 Membrane Services Agreement (20 years) 487,560.00 The county issued an addendum to the original bid, Joel Peterson explained and it may have changed the 20 year membrane services agreement to two 5 year increments for a total of 10 yeazs. Joel Peterson said that he will check on this before any determination is made on the recommendation for bid award. Enviroquip ofAustin TX $ 1,087,685.60 Membrane Unit (per plate) 60.00 Membrane Services Agreement (5 year) 31,600.00 Alternate bid items Fine Screen 159,300.00 Field Service 139,000.00 Control Integration 162,365.00 Commissioner Austin moved to direct the department and the consultant to evaluate the bids and come back with a recommendation for bid award. Commissioner Johnson seconded the motion which carried by a unanimous vote. Submission and Passible Approval of HEARING NOTICE re: Planning Commission Final Draft Shoreline Master Program Recommendation: Michelle McConnell; DCD Associate Planner explained that the Planning Commission has finished deliberations on the Shoreline Master Program and there are three components in the document in the Board's packet: 1) Planning Commission's final recommendation (on letterhead) with initial findings and conclusions, 2) Attachment A -the final draft Shoreline Program proposal and 3) Attachment B -additional findings and conclusions. The Board is being asked to approve a hearing notice for a proposed public hearing on September 8, 2009 at 6 p.m. in the Superior Court Courtroom. The submission of the local Shoreline Program to the State Department of Ecology is tentatively scheduled for October 30, 2009. Peter Downey, Planning Commission Chair, explained that the Planning Commission worked hard on this proposal. They came to consensus on most issues, but there are few issues that they struggled with because Page 3 Commissioners Meeting Minutes: Week of August 3, 2009 they were not easy to understand. He said that this process began because the State Department of Ecology had funds available for the County to update the Shoreline Program. There were technical and policy advisory committees that led to a program drafted by staff that was then given to the Planning Commission to review and revise. Mr. Downey suggested that in the future he feels the process would work better if the Board of Commissioners would lay out the basic issues they would like reviewed at the beginning of the process The biggest, most controversial issue, Mr. Downey continued, was buffer widths. The environmental proponents see the need for greater buffer widths to provide protection while the property rights advocates feel they can provide the protection, but they don't want prescriptive widths that are too onerous to meet. There is no way to make both sides happy. The Planning Commission looked at the originally proposed 150 foot buffer widths with a 10 foot setback from that buffer on all shoreline properties; reviewed the many comments; reviewed the science and the policies and found there aze two issues driving buffer widths. One is the buffer width for a vegetated strip to provide water quality and the other is the buffer width you need for habitat. Requiring 150 feet on all shoreline properties may not provide enough protection for habitat, but from a water quality point of view this buffer width could be smaller. The Planning Commission looked at shoreline residential zones (i.e. Cape George or Beckett Point) and high intensity shoreline zones (i.e. marinas) and saw that these areas are already fairly well developed and do not have a high habitat value, but the water quality value still needs to be protected so the recommendation is a 50 foot buffer width in the shoreline residential and high intensity shoreline areas for water quality. The vote by the Planning Commission on this recommendation was split. Chairman Sullivan noted that the Planning Commission By- Laws say that there must be a majority of the members to carry a vote and that majority is 5 assuming that there are 9 members, however, temporarily there aze only 7 members which complicated the vote. Mr. Downey added that the Planning Commission recommendation sets out prescriptive buffers and there aze ways to deal with this issue by lot through the Critical Areas Stewardship Plan. Another issue that was controversial was the non-conforming structures. In the original version it said that if there was anon-conforming structure built within the normal buffer existing today and that structure was damaged more than 75%, the property owner had to move the structure back. Many people commented that this doesn't seem fair, and there were questions about insurance coverage if this was adopted. The Planning Commission felt that reconstructing anon-conforming structure in the same footprint is reasonable, Mr. Downey explained. Other issues that were addressed in the Planning Commission recommendation: • Mineral extraction and processing or mining -Mining was redefined as mineral extraction and processing and the prohibition on extraction from a river channel and on the shoreline is much clearer. The comments that came from the public about this were really in direct relation to Fred Hill Materials and this code when adopted will not pertain to Fred Hill Materials because they aze vested under the old Code. • Aquaculture -The Planning Commission changed the requirement for a conditional use permit for aquaculture. A conditional use permit is only required for aquaculture adjacent to shoreline residential areas to address use conflicts that arise. • Beach access structures -Environmental standards are the same for permitting a public or private beach access structure. • Conditional Use Permits -Conditional Use permits require approval from the State Department of Page 4 Commissioners Meeting Minutes: Week of August 3, 2009 ~~ Ecology while Substantial Development permits don't. The Planning Commission desires to keep a decision local if at all possible. In some places of the program; Mr. Downey noted, there were language clarifications from what the staff had written but the intent was not changed. The Commissioners thanked the Chair and other members of the Planning Commission for their hazd work on this program. Commissioner Johnson moved to approve the hearing notice setting the public heazing for September 8, 2009 at 6 p.m. in the Superior Court Courtroom. Commissioner Austin seconded the motion. Michelle McConnell explained that there is a clean copy of the Planning Commission recommended program and there is also aline-in, line-out version available. A final staff recommendation will be presented to the Commissioner's in twa weeks just prior to when the public comment period will be opened on August 19, 2009. The comment period will be closed at the end of the public heazing on September 8, 2009. Once the hearing is closed there will be deliberations scheduled during September. County Administrator Philip Morley asked if the Planning Commission Chair would be available to answer questions during the workshops and deliberations? Mr. Downey indicted he would be available. The Chair called for a vote on the motion. The motion carried by a unanimous vote. The Board met in Executive Session from 10:50 a.m to 11:25 a.m. with Prosecufing Attorney Juelie Dalzell, Deputy Prosecuting Attamey Tom Brotherton and County Administrator Philip Morley regarding potential litigation under exemption RCW 42.30.110(1)(1) as outlined in the Open Public Meetings Act. The Chair reconvened the meeting with all three Commissioners present and noted that no action was taken in the Executive Session. Join the tY~otion to Vaeate Judge's Order: Commissioner Austin moved that the Board of Commissioners join the motion to vacate the Superior Court Judge's order suppressing public disclosure of information regarding defense expenses for case 09-1-58-7. Commissioner Johnson seconded the motion which carried by a unanimous vote. County Administrator's Briefng Session: Commissioner Austin reported that he checked and there is not a Farmer's Market in Brinnon. He then moved to approve a Proclamation as submitted designating Farmer's Market Week as the week of August 2 through 8, 2009 in Jefferson County. Commissioner Johnson seconded the motion which carried by a unanimous vote. County Administrator Philip Morley reviewed the following with the Commissioners: • Schedule coordination Budget update Miscellaneous items. Page 5 Commissioners Meeting Minutes: Week of August 3, 2009 ~t,. Authorization to Draft Letter an Behalf of the Commissioners: Commissioner Austin moved to authorize Commissioner Johnson to write a letter for the Board to sign later today to Congressman Jay Inslee explaining the County's concerns about the Resource Advisory Committee (RAC). Commissioner Johnson seconded the motion which carried by a unanimous vote. NOTICE DFADTDURNMENT: Commissioner Johnson moved to adjourn the meeting at 3:10 p.m. until the next regular meeting on Monday, August 10, 2009 at 9:00 a.m. Commissioner Austin seconded the motion which carried by unanimous vote. MEETING AL~i~>tiD SEA1! a~ ,~~# ~~. ~ `r 4 i L' .~ i R k4 ~ Y ! 1_ ~ ~~ ~` '~ ' 11 .~ , A~,,~,~s ~ . cF k....,..~ .~ t~ - , ~~, ~~. ATTESRS o n~G?,,--" ~C9'7iLtc~. Lorna L. Delaney, CMC Clerk of the Board JEFFERSON COUNTY BOARD O COMMISSIONERS David Sullivan, Chair <--~' , Phil Johns n, Member hn Austin, Member Page 6