Loading...
HomeMy WebLinkAboutM112309 ~1 COMAq.rn~ ~k:i~~' STI.~~ V\ :it!!:; \ ~\ ..... ~~ ><:1 . ; ! , ' ' \~ ~/ "~'LIN#/ 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 Week of November 23, 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 thanked the residents of Jefferson County for opposing initiative 1033 and spoke in support of the jury management software agreement scheduled to be approved by the Board (consent agenda item #7); a citizen commented on the flooding problem in Chimacum valley and discussed his frustration with the Department of Community Development; a citizen asked if there was a change in the preamble and stated that he doesn't know what he is allowed to say without being gaveled down; another citizen presented two articles for the Board to review regarding pollution originating from China and Japan which is affecting the weather and regarding the strings attached to stimulus funding; a citizen stated she realizes the difficult task of balancing the budget and urged the Board to keep social programs and not eradicate them entirely; a citizen commented on the importance of planning for economic development; a citizen reported that he believes the efforts of a local property rights group have shown there is a problem with the permitting process and it was suggested that the initial permit meetings be monitored; a citizen stated that he believes economic development is a county-wide issue that needs to involve both the public and private sectors; a citizen corrected his comments made last week regarding the County only seeking reimbursement for postage for its defense in a lawsuit, he meant to say "printing" not "postage", and he further explained that upon reviewing the statute he now realizes that Counties are severely limited in recovering costs; a citizen discussed the budget shortfall and suggested raising taxes to maintain services. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Johnson moved to approve the Consent Agenda as presented. Commissioner Austin seconded the motion which carried by a unanimous vote. 1. HEARING NOTICE re: 2010 Jefferson County Budget; Hearing Scheduled for Monday, December 7,2009 at 4:30 p.m. in the Superior Court Courtroom 2. CALL FOR BIDS; Jeffcom 911 Radio System Improvement Project; Bids will be Accepted Until 11 :00 a.m. on Wednesday, December 16, 2009 and Opened and Read Publicly shortly thereafter during a Special Meeting ofthe Jeffcom Advisory Board in the First Floor Conference Room at the Jefferson County Courthouse 3. AGREEMENT, Supplemental No.1 re: Post-Closure Landfill Gas and Ground Water Monitoring and Testing; Jefferson County Public Works; Aspect Consulting Page I Commissioners Meeting Minutes: Week of November 23,2009 112,,0"0 ~ ',. .'. "- ~ ,'. ,. ~i",;;:J~.r' 4. AGREEMENT re: Community Access Services; Jefferson County Public Health; Concerned Citizens 5. AGREEMENT re: Provide Mental Health Services; Jefferson County Public Health; Jefferson Mental Health Services 6. AGREEMENT re: Educational and Therapeutic Services for South Jefferson County Families and Children Birth to Three Years; Jefferson County Public Health; Concerned Citizens 7. AGREEMENT re: Jury Management Software; Jefferson County Clerk; Jury System Incorporated 8. AGREEMENT NO. GRTI0215 re: Improving the Quality of Public Defense Services; Jefferson County Administrator; Washington State Office of Public Defense 9. Letter of Appreciation for Award of State and Tribal Agency Grant (STAG) Funding; Representative Norm Dicks 10. Advisory Board Appointment; Climate Action Committee; Port Townsend High School Student; Annie Young 11. Payment of Jefferson County Vouchers/Warrants Dated November 16, 2009 Totaling $343,416.97 COMMISSIONERS BRIEFING SESSION: The Commissioners reviewed various topics discussed during the Washington State Association of Counties conference held last week. County Administrator Philip Morley noted that Dosewallips Road washed out last week and the Board declared an emergency due to flooding to begin repair of the road. HEARING re: 3,d Quarter 2009 Budget Appropriations/Extensions for Superior Court: County Administrator Philip Morley reviewed the supplemental budget appropriations and extensions being requested by Superior Court. Revenue in the amount of $41 ,081.52 is derived from costs the County is able to recover from the State for extraordinary cases. He noted a technical correction to the account coding for revenue which has been brought to the Auditor's attention. He also brought to the Board's attention that the Bailiff costs of $4,500 shown as an expense in the Trial Court Improvement fund, should also have been shown as additional revenue to the Superior Court fund as it was a transfer. Since it was not advertised as a transfer it cannot be changed at this point, however, it will be changed with the next quarter budget appropriations and extensions. The expenses for Conflict Attorney in the amount of$70,339.23 and Expert Services in the amount $25,000 are the result of extraordinary cases. Those amounts may be slightly overstated, but, having adequate funds is necessary. The other expenses are as follows: Bailiff $4,500; Clerk Hire $6,000; Telephone $200; Jury Fees $15,000; Guardian Ad Litem $1,203.12; and Judge Pro Tem $25,000. Expenditures total $122,837.63 and revenue totals $41,081.52 for a net change of$81,8756.11. Chairman Sullivan opened the hearing for public testimony. Joe D' Amico, Fort Discoverv asked ifthe County has the added any expense for additional security during the anticipated trial? He understands from law enforcement officers that the Courthouse will have the presence of many law enforcement officers during the trial. He also asked if those expenses are reflected in the amount listed for Bailiff? Page 2 Commissioners Meeting Minutes: Week of November 23, 2009 County Administrator Philip Morley stated that he assumes Mr. D'Amico is talking about the State v. Pierce case, and he explained that trial security costs are not reflected in the expense for Bailiff. The budget appropriations/extensions which are subject to this hearing are for 2009. Trial security costs will be addressed in the 2010 budget. He will follow up with the Sheriff and Courts on this issue. Hearing no further comments for or against the 2009 third quarter supplemental budget appropriations and extensions for Superior Court, Chairman Sullivan closed the public hearing. Commissioner Austin moved to approve RESOLUTION NO. 65-09 ordering the 2009 third quarter budget appropriations and extensions for Superior Court with the correction to the bars code number, as stated. Commissioner Johnson seconded the motion which carried by a unanimous vote. Update re: Mystery Bay Mooring Buoy Project: Director of Community Development Al Scalf reviewed the County's role in this project which involves both Public Health and the Department of Community Development (DCD). The Public Health Department is involved with Mystery Bay mooring buoys and shellfish through the water quality program and the shellfish monitoring program in relationship with the State Department of Health program which classifies all shellfish areas. The DCD is involved through the Shoreline Master Program which permits mooring buoys and regulates enforcement. The case of Mystery Bay resulted from a complaint which is an enforcement issue governed under Jefferson County Code section 18.50. This section of the County Code authorizes DCD to investigate permitted and non- permitted buoys. Agencies involved in permitting buoys include: Jefferson County DCD, Washington State Department of Fish and Wildlife, the Washington State Department of Natural Resources and the U.S. Army Corps of Engineers. Each agency uses different methods in counting buoys. Jefferson County's data and method for counting buoys was used for the purposes of this project. There have been anywhere from 40 to 60 mooring buoys in Mystery Bay, however, the data shows that only 34 are lawful. Of the 34 lawful buoys, 12 are exempt; 17 are authorized through a shoreline substantial development permit; and 5 are grandfathered, meaning they predate the adoption of the Shoreline Master Program. Exempt buoys are those buoys which do not require a shoreline substantial development permit because the applicant resides on the property upland from where the buoy is proposed to be located. However, buoys considered exempt still require a permit through the administrative review process. All other buoys require a shoreline substantial development permit which involve public notice, a public hearing and review by a hearing examiner. For the purpose of shellfish classification the State Department of Health utilizes a different method of counting buoys. The State Department of Health considers buoys exempt when the upland residence has a bathroom available. In theory, there is no potential for discharge from a boat on a mooring buoy owned by an individual who also owns a residence on the upland property because there is a bathroom available. The State reviews them according to the EP A National Shellfish Standards and does not count those buoys as part of the National Shellfish Sanitation Program, or consider them in the definition for a marina which is 10 boats. All other buoys which do not have bathrooms available are counted by the State. Page 3 Commissioners Meeting Minutes: Week of November 23,2009 ,1i1, ~ "'Ii,~C;'\'l As the Mystery Bay complaint evolved, Representative Van De Wege became involved and requested that a stakeholder group be created. The Office of Regulatory Assistance provided a facilitator for this group. The stakeholder group includes representation from the DCD, Public Health, State Department of Health, State Department of Natural Resources, Northwest Indian Fisheries Commission, Jefferson County Marine Resource Committee, Marrowstone Island Shellfish Company, Jamestown Tribe, Fort Flagler State Park, Legislative District, U.S. Army Corps of Engineers, Port Gamble S'klallam Tribe, Point No Point Treaty Council, State Department ofFish and Wildlife, Pacific Coast Shellfish Growers Association and Suqaumish Tribe. The group meets monthly and a subcommittee of the group is working specific issues. The issue is the threat of closing shellfish harvesting in Mystery Bay because too many boats are moored or anchored near the shellfish bed. The group is considering all uses and working to balance the rights to use the Bay for residential, recreational and commercial purposes. Water quality issues are also being considered. In partnership with the stakeholders a management plan for Mystery Bay will be prepared that includes efforts to: reduce the number of buoys around the shellfish harvest sites; make the Bay a voluntary "no anchor" zone; remove non-permitted buoys and vessels; relocate buoys to open up areas of navigation; and establish a community monitoring and education process. Al Scalf presented a time line for finalizing the plan which will be submitted to the Board for adoption. It is anticipated that the plan will be implemented by May 1,2010. County Administrator Philip Morley noted that this effort is being driven by the fact that the State Department of Health has conditionally approved a portion of Mystery Bay for shellfish harvesting. Along with that conditional approval is a seasonal closure. Changing the distribution and density of mooring buoys and boats in Mystery Bay may allow the State Department of Health to lift the conditional approval and authorize outright approval which would in turn lift the seasonal closure that begins May I with notice in April. A longer term goal is to make sure that Mystery Bay is managed in such a fashion that it will remain open to shellfish harvesting. Al Scalf explained that the stakeholder group has discussed suspending permitting activity in Mystery Bay while efforts are made to accurately depict what buoys are there now and take necessary enforcement actions. To that effort, the Board is being asked to consider placing a moratorium on new mooring buoys in Mystery Bay. He presented and reviewed a draft ordinance that would be in effect for six months. Commissioner Austin moved to adopt ORDINANCE NO. 10-1123-09 enacting a moratorium on new mooring buoys in Mystery Bay. Commissioner Johnson seconded the motion which carried by a unanimous vote. The Board met in Executive Session from 11 :00 a.m. to 11 :50 a.m. Vvith the County Administrator, Deputy Prosecuting Attorney, Community Development Director, Planning Manager and Associate Planner regarding Real Estate negotiations under exemption RCW 42.30.110(1 )(b) as outlined in the Open Public Meetings Act. At the conclusion of the Executive Session the Board resumed the regular meeting and no action was taken. Page 4 Commissioners Meeting Minutes: Week of November 23,2009 '112''"''\ 1- ." ~ ~.~". X ',c' ',,,,,,,' Letter to Carol Anne Roberts: Commissioner Austin moved to approve a letter to Carol Anne Roberts expressing the Board's condolences for the loss of her husband, Public Utility Commissioner Dana Roberts. Commissioner Johnson seconded the motion which carried by a unanimous vote. Letter to Washington State Parks and Recreation Commission: Commissioner Johnson moved to approve a letter to the Washington State Parks and Recreation Commission asking that funding be approved for the purchase and long term protection of the Tamanowas Rock project. Commissioner Austin seconded the motion which carried by a unanimous vote. COUNTY ADMINISTRATOR'S BRIEFING SESSION: County Administrator Philip Morley reviewed the folloVvmg with the Commissioners: . Washington State Association of Counties Conference Debriefing . Schedule Coordination . Budget Update . Miscellaneous Items NOTICE OF ADJOURNMENT: Commissioner Austin moved to adjourn the meeting at 4:25 p.m. until the next regular Monday meeting at 9:00 a.m. or special meeting as properly noticed pursuant to RCW 42.30.080. Chairman Sullivan seconded the motion in the absence of Commissioner Johnson. The motion carried. ...~..~.._~ . ~ JEFFERSON COUNTY BOARD OF OMMISSIONERS MEETiNG ADJOURNED SEAL: ,\~ ;.::-;.;:,;, '~,~..,:.", '.. : ft '~),,~.:("'!!'" '\ '. ~fl,\. . ',f......l"/. .. J " "', .'{'. .. iiO- I 'y .: j. .J. -t" .' a " ~TEST: '-;-<... ,:..' / ';~~Uka~l~ Clerk ofthe Board Phil~br m,!?? Page 5