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HomeMy WebLinkAbout082310_cbs01 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 J$4/J?lI MINUTES Week of August 9, 2010 Chairman David Sullivan called the meeting to order 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 stated that he opposes the proposed wording of the ballot title for the sales tax increase for criminal justice purposes; another citizen stated that he feels speaking to the Board is an exercise in futility and has abandoned any hope of influencing the Board's position on issues; a citizen stated that he appreciates the efforts of the Commissioners in trying to increase revenues to maintain the services that this County continues to provide; another citizen said that he is disappointed that the Board members acting as the Transit Board did not approve a tax increase for Transit on the ballot in November and the needs of the people who use Transit services should be addressed and he asked that they reconsider; another citizen stated that he has 5 years experience with knowing what is wrong in Jefferson County and the problem is in the County's Land Use Code and he believes the philosophy of the County can change in an instant; another citizen stated that he warned the Board about the deficit that is being experienced by the County and a sales tax increase is not going to pass; another person noted that the Board supported the addition of several hundred acres to the Olympic National Park which took those acres off the tax rolls and . . he questioned the wisdom of increasing the size of the Olympic National Park by 10% when the Park Service doesn't have enough money to operate what they have and he admonished the Board to not take property off the tax rolls; a man stated that he's been coming before the Board for a year and a half talking about economic development and the Board is not listening; there are some very big problems coming up and most people go out of the area to shop; the Board refuses to allow busmesses to expand and he asked that the Board members resign; and another person stated that he asked the Board to support Kittitas County on the State water code. . APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Austin moved and Commissioner Johnson seconded the motion to approve all of the items on the consent agenda as presented. The motion carried by a unanimous vote. 1. RESOLUTION NO. 29-10: Rejecting a Proposal by Day Wireless Dated July 2,2010 and Authorizing Jeff Com to Reissue a Request for Proposals, for Procurement and Installation ofVHF and UHF Simulcast Radio System Improvements Version Two (2) 2. AGREEMENT re: 4-H Stewardship Program; In the Amount of$66,365.00; Jefferson County WSU Extension; USDA Forest Service, Olympic National Forest 3. AGREEMENT NO. GI000400, Amendment No.1 re: Coordinated Prevention Grant for Operations and Maintenance Cost for the Moderate Risk Waste Facility; Jefferson County Public Works; Washington State Department of Ecology Page 1 Commissioners Meetin Minutes: Week of Au st 9, 2010 ]\lli~~~ 4. AGREEMENT re: Solid Waste Management Facility Boundary Fencing Project (Debris Removal); In the Amount of $42,220.04; Jefferson County Public Works; Doug Reeves, Reeves Excavating & Land Clearing 5. AGREEMENT re: Provide 2010-2011 Technical Services for Millennium Telephone Maintenance for Castle Hill Facilities; In the Amount of$10,694.53; Jefferson County Central Services; Stargate Technologies, Inc. 6. AGREEMENT re: Provide 2010-2011 Technical Services for Millennium Telephone Maintenance for Sheriff's Office Facilities; In the Amount of$12,547.19; Jefferson County Central Services; Stargate Technologies, Inc. 7. AGREEMENT re: Provide 2010-2011 Technical Services for Millennium Telephone Maintenance for Courthouse Facilities; In the Amount of$17,314.95; Jefferson County Central Services; Stargate Technologies, Inc. 8. AGREEMENT NO. CllOOXXX re: Waste Tire Collection and Recycling; In the Amount of $10,350.00; Jefferson County Public Health; Washington State Department of Ecology 9. AGREEMENT re: Protect and Restore the Puget Sound; In the Amount of $300,000.00; Jefferson County Public Health; US Environmental Protection Agency 10. AGREEMENT re: Provide Medical Transcription Services for Nurse Practitioners; In the Amount of$I,500.00; Jefferson County Public Health; Brie Gutierrez 11. AGREEMENT re: Provide Enhanced Mental Health Intervention and Treatment Services for Children or Youth Grades 6-12 who Identify with Mental Health Issues; In the Amount of $57,750.00; Jefferson County Public Health; Jefferson Mental Health Services Approval of Minutes: Commissioner Austin moved to approve the minutes of July 26, 2010, July 28,2010 special meeting, and the August 2, 2010 meetings as presented. Commissioner Johnson seconded the motion which carried by a unanimous vote. COMMISSIONERS BRIEFING SESSION: The Commissioners and County Administrator reported on the following items: Commissioner Austin reported that the Advisory Committee for the Mental Health Sales Tax reviewed the projects submitted for funding and approved distribution of those funds; He attended a meeting ofthe Forest Service in Quilcene about the uses of the Federal Park facilities; and the County Fair starts Friday. Commissioner Sullivan noted that there are several areas in the County budget where a small amount of funding is given to a community partnership to help provide services. Philip Morley. County Administrator said that the RCW was changed over the past several years and specifically RCW 82.14.450 was amended so that under subsection 5 it says that 1/3 of all monies received must be used for Criminal Justice and Fire Protection services so the current ballot title is correct. The County shares the goal of economic development and clearly the State and Country are facing economic problems that the County has no control over. There are a number of things that the County is trying to do to grow the local economy. Commissioner Johnson said that it is unfortunate that economic development in the County is suffering; He also reported that there was a joint meeting between the Clallam and Jefferson County Marine Resource Page 2 Commissioners Meetin Minutes: Week of Au st 9 2010 Committees. He then noted that there will be a "Thank You" celebration for Rich Stapf for all his work on the Memorial Field irrigation system. Interview Person Interested in Serving on the Joint Growth Management Steering Committee; Frances Rawski: After interviewing Frances Rawski, Commissioner Austin moved to appoint her to the Joint Growth Management Steering Committee to represent Port Hadlock Urban Growth Area. Commissioner Johnson seconded the motion which carried by a unanimous vote. County Administrator Philip Morley introduced the new JeffCom Director Janet Silvus who then reviewed her background and experience for the Board. HEARING re: Second Quarter 2010 Budget Appropriations/Extensions: Anne Sears, Budget Analyst, gave an overview of the requests received. General Fund requests were received from the Auditor's Office - Elections Division due to a grant for the "Help America Vote Act" and Superior Court for the extraordinary Pierce trial costs. Other Fund requests include the Drug Fund which the Prosecuting Attorney manages; Cooperative Extension due to a grant; the REET Technology Fund for a grant from the State; the Sheriff s Drug Investigation Fund which is from the fund balance to be used at the Sheriffs discretion; and the Public Works Special Projects Fund for a grant for the Resource Conservation Manager project. The Chair opened the public hearing. Donna Eldridge. County Auditor. noted that the "Help American Vote" grant was originally to be done as an expenditure reimbursement and then changed to the grant. It was changed after the budget was completed and now once the monies are expended they will bill the grant. Joe D'Amico made a statement about issues other than the subject matter of the hearing. Tom Thiersch stated that in December of 2009 Mr. Morley said that there would be no more budget extensions. Most ofthe money is accounted for but the $35,000 for the Resource Conservation Manager position and it isn't needed if the County would just listen to the ideas from the people of the County about ways to save money. The County needs to save money wherever it can. Craig Durgan stated that the County has a financial. crisis that won't get better for a couple more years and then talked about the County proposal to raise the sales tax. Mike Belenski asked how much of this money has already been spent before this hearing and why the Board is going through the public process? He made it clear that he is going to look into this further and if someone has spent money before it has been approved he will make a claim against their public bond. Page 3 Commissioners Meetin Minutes: Week of Au st 9,2010 Hearing no further comments for or against the proposed budget appropriations/extensions, the Chairman closed the public hearing. Philip Morley explained for Mr. Belenski about the expenditure for fixing the fence at the Gateway Visitor Center during the 4th quarter of 2009. The issue was whether a transfer would be made to cover this cost, but if the transfer is not made there are funds in the Capital Facilities budget to cover this expense. He also explained regarding the question of what funds have already been expended before this hearing, that the Superior Court expenditures on the Pierce trial have been made and this extension will make that department whole again. Donna Eldridge, Auditor, explained that her office audits all budgets so that departments don't go over budget. The Board could say "no" to an appropriation request and then that Department Head would have to figure out how to cover that expense within their budget. Chairman Sullivan added that the Resource Conservation Manager is a position that has higher skills and it has been approved in many other entities where money was saved. Commissioner Austin moved to approve RESOLUTION NO. 30-10 the budget appropriations/extensions as presented. Commissioner Johnson seconded the motion. He then noted that the roundabouts and the Maritime Center are City projects and the County has nothing to do with them. The Chair called for a vote on the motion. The vote to approve the motion was unanimous. Discussion and Possible Approval re: Proposed Ordinance Amending Unified Development Code JCC 18.22 to Allow Underground Storage Tanks in Critical Aquafer Recharge Areas (CARA): David Wayne Johnson, Associate Planner; Stacie Hoskins, Planning Manager, and AI Scalf, Department of Community Development Director, were present. David Wayne Johnson explained that this is to wrap up the process that was started by QFC to change the Unified Development Code to allow underground storage tanks in Critical Aquifer Recharge Areas (CARA). The process started in late 2009 and went to the Planning Commission and they determined that it should be approved. The Code was changed to reflect that action. The Board reviewed this last month and directed that an ordinance be drafted for adoption. The draft ordinance is what is before the Board today. It has been reviewed by legal counsel and it covers all the necessary elements to make the final Code amendment official. The fmal step now is for the Board to review the draft ordinance and add any final findings and conclusions if necessary. Chair Sullivan asked if this ordinance will change the Code for the whole County? David Wayne Johnson answered that it does change the Code for the whole County and the Planning Commission was well aware of that. The protection standards proposed are more than adequate and go beyond the State standards. AI Scalf advised that by adoption of this ordinance it requires a public notice of adoption of a legislative action which is published in the Leader and opens up a 60 day appeal period. Commissioner Austin commended the Department of Community Development and the Planning Commission for doing the research required. He then moved to adopt ORDINANCE NO. 04-0809-10. Commissioner Johnson seconded the motion. He asked how someone would know if a storage tank is leaking? David Wayne Johnson explained that this issue came up at the Planning Commission meeting and the tanks have electronic detectors built into the structure and a system that warn if there is a leak. Commissioner Austin commended the management of QFC for their patience in recognition that it takes Page 4 Commissioners Meetin Minutes: Week of Au st 9, 2010 ~'m~~li awhile to make sure that we are protecting the public and at the same time encouraging economic development. The Chair called for a vote on the question. The motion carried by a unanimous vote. Discussion and Possible Approval of Resolution: Calling for an Election on the Levy of a County Special Purpose and Use Taxfor Public Safety, Youth and Senior Services, Community Services and Basic Government Public Services: County Administrator Philip Morley reported that the Chief Civil Deputy Prosecuting Attorney has reviewed this updated resolution with wording changes in the ballot title. This draft resolution, if approved, calls for an election on levying a local sales and use tax for the purposes noted in the title. In order to reduce expenditures to match revenues in 2011,2012 and beyond, significant cuts will be necessary to public services and programs that the County provides its' citizens. The essential question before the Commissioners today is should the citizens have an opportunity to preserve some of those services that essentially are on the cutting block by providing additional funds? He then reviewed the background on government taxing and budget projection figures that were originally presented last week. The recession that we're currently trying to muddle our way out of began in 2007 and the bottom fell out of financial markets in the fourth quarter of 2008 and really accelerated the decline of our national and world economy. In 2009 and 2010 County departments have worked together to reduce the status quo General Fund budget by roughly $1.3 million worth of cuts or substitutions in that period of time. When cuts were made for 2010 it was hoped that no further cuts would be required in 2011 if the economy started to turn around and even then it was anticipated that by 2012 the County would be facing $800,000 of cuts or new revenues in order to balance the budget. To date the sales tax and investment revenue have underperformed what was budgeted. This has moved the deficit anticipated in 2012 to next year. Current projections are showing the economic recovery to be further attenuated. The slope of recovery of our national economy as well as our State economy is more gradual than it was projected a year ago. Philip Morley continued by noting that the effects of this recession are lasting longer. The County has been responding in many ways. Economic Development has been made a priority because everyone agrees that a healthy economy helps everyone and is essential. The County is doing joint economic development planning with the City and the Port (24 light industrial acres have been added to the airport; the Hadlock wastewater system is a continuing project; and the broadband initiative.) He then reviewed the newly adopted 2010 strategic plan. In July a budget update was presented to the Board which shows a $900,000 budget gap between expenditures and revenues next year and growing every year thereafter. Budget goals and objectives have been adopted and the County will, no matter what happens with the resolution before you today, adopt a balance budget in 2011. Part of the budget objectives adopted are a wage freeze at 2010 rates for Elected Official (whenever allowed) and non-union staff throughout the County and negotiations are underway with the 2 unions to contain future increases in labor costs as well. There still remains a significant budget gap, even if there is success with the negotiations with the bargaining units. Existing programs and levels of service will need to be reduced to balance the budget. He then reviewed future budget projections. At this point the County is forced to be looking at downsizing County government to match available revenues. With the cuts that have been made in the last 2 years, new cuts will significantly effect important public programs and levels of service to all departments that receive funds from the General Fund. Page 5 Commissioners Meetin Minutes: Week of Au st 9,2010 The sales and use tax is authorized by RCW 82.14.450 which was amended the last legislative session. It authorizes up to 0.3 of a percent. Significantly, because it's sales tax, that means that visitors who spend their money in Jefferson County would pay it. Under the law the total revenue would be split 60% to the County and 40% to any City (in Jefferson County that is the City of Port Townsend) which translates into roughly $637,000 per year to fund Jefferson County Services and approximately $425,000 per year to fund City services. Under the law at least 1/3 of the revenue must be used for public safety (criminal justice and fire protection.) If approved in November it would be implemented under the laws of the State Department of Revenue and would go into effect April 1 , 2011 which means that the State would actually pass revenue onto the County and the City starting in June of 20 11. Chairman Sullivan added that the law just changed this year to allow the County and City to spend this on protecting important programs instead of only using it for new programs and services. One thing that legislators ask when Counties have lobbied for new financing tools for local government is are we using the tools that are currently in place? The County has had good reasons not to use this tool until they changed it. Last week the Board directed the County Administrator to continue to work with the Elected Officials and Department Heads to identify key programs and services that would be put in line to be saved from cuts through this sales and use tax; to continue to firm up arrangements with the City about how some of the City's portion of the sales tax might be used to benefit the citizens of the City and of the County; and to prepare a resolution for the ballot measure for today and to include a specific list in the resolution of County programs and services that would be targeted so that citizens can be sure of what programs and services being voted upon. He reviewed how the City intends to use some of their portion of these funds. The Council will be taking a vote this evening on whether to support placing this question before the voters and to authorize the City Manager to enter into negotiations with the County on dedicating half of the City's share for a period of 6 years to put toward maintaining a couple of key facilities and services that are.County owned within the City. One is to niaintain Memorial Field and pay for it's operation; two is to re-open and maintain the Recreation Center as well as fund or match grants to make capital improvements to these facilities. If the City were to dedicate these funds to those facilities the County is still.putting money into both of those facilities and if the County is able to replace that with some the City sales tax that would free up some dollars for the rest of the County Parks and Recreation system. In having the 6 year arrangement the County would commit to work with the City to identify and coordinate finding long term and sustainable funding for Parks and Recreation programs throughout the County. Of the City's share the other half would be eligible for City services and 1/3 of the total would have to go for public safety (criminal justice and fire protection.) Sheriff Hernandez then reviewed how this funding would impact public safety programs in the County and how the lack of adequate funding has impacted the Department for a number of years. They have lost 6 positions since 2008 due to this current economic downturn. The Sheriff s Office is currently in a position now due to cuts in the past, where they are looking at reducing services; Citizens need to be aware of the situation for the County and that this is a reality. The cuts have already been made and we're in a situation where we're asking them for their help. Chairman Sullivan added that the Sheriffs Office has maximized the use of volunteers where appropriate. Sheriff Hernandez explained further that the total hours donated to the various divisions of the Sheriffs Office alone, not Animal Services, is roughly valued at $70,000 per Page 6 Commissioners Meeting Minutes: Week of August 9, 2010 Wlli~Wu year. Again as the economy continues in the current state the Sheriff's Office is looking at reducing services yet again and he's already maximized the volunteer effort and continues to ask for assistance from the community. He's joined with other agencies, such as Mason, Clallam and Kitsap Counties, to see what services can be shared regionally to do Memorandums of Understanding to assist each other. This is a difficult situation, but we hope in the worst of times to see the best of people. Philip Morley added that the Sheriff's Office has made the staffing reductions asked of them over the last two years and has responded admirably to try to retain public safety at the same time, but even with the cuts that have been made by the Sheriff's Office and other departments, public safety still has modestly grown over this period of time so that it is now 58% of the General Fund budget. In looking at the 2011 gap between revenues and expenditures of $900,000 public safety regrettably, but necessarily is part of that picture. What that means is without additional funding from the citizens additional cuts that significantly effect the operation of the Sheriff's Office as well as the Prosecutor's Office, Juvenile Services and the other branches will be necessary and in fact even with the funding we can't avoid all cuts, but what we can do is minimize the extent ofthose additional cuts. What we're looking for out of the proposed sales and use tax is to dedicate funds to retain a Deputy Sheriff position that otherwise is injeopardy. It would also retain an Animal Control Officer and significantly the training budget for the Sheriff's Office which has high demand life and death type positions and having officers that continue to be well trained is essential to public safety. This funding would restore about half of the Sheriff's Office training budget. Commissioner Johnson asked what percent has been cut from the Sheriff's Office budget since2008? Sheriff Hernandez answered that he doesn't have a number because he's had to shift positions and there's been labor/management negotiations so that even though they are making reductions the operating costs have gone up so it's hard to determine what the actual cuts have cost. As social services are cut, the Sheriff's Office is the first to see the impact of those cuts because the calls for service increase to intervene in crisis situations that are going on with individuals. Philip Morley continued by noting that about half of the funds that would be raised for the County if this ballot measure is approved would be dedicated to public safety. The Sheriff's Office would get the largest amount of these additional funds. The Prosecutor's Office is looking to retain a ~ of a Deputy Prosecuting Attorney.that is responsible for dealing with property crimes, domestic violence and Dill prosecutions; Juvenile Services is looking at dedicating about $75,000 of potential revenue to retain a Juvenile Probation Counselor, maintain support staff as well as maintaining their restorative justice and community restitution program to help children who are first time offenders and to help provide intervention services to "at risk" youth; and roughly $19,000 would be distributed to other public safety programs in other departments. That represents half of the amount that could be raised which is well above the 1/3 required by the RCW. He then reviewed some important community programs that are not mandated, but are valued programs in their communities that should receive funding: Page 7 Commissioners Meeting Minutes: Week of August 9,2010 ~lf?1m~\I OlyCap operates 3 community centers for the County - Brinnon, Tri Area and Quilcene which provide senior services and other services to those communities. Port Townsend Senior Center - work with the Senior Center Association to retain operations and . . semor sel'Vlce. Gardiner Community Center - work with the Gardiner Community Center to provide services to that community. Chairman Sullivan pointed out that these 5 community centers are excellent examples of the public/private partnership where the small amount of money that the County is putting forward in capital and in programs is multiplied by the use of volunteers donating time and energy and they house many important programs that deliver social services to the communities. It comes down to a model of how theses services are provided in the community. Philip Morley noted that these are examples of the hard choices the County is facing if additional funding isn't found then the County would have to turn to other public services and ask for deeper cuts. WSU Cooperative Extension - After school programs for kids especially in South County. Public Health programs - $50,000 to help retain a maternal child health nurse who does home visits to women and families to help prevent child abuse; $47,000 for Substance Abuse funding to retain recovery programs in our middle schools in Port Townsend, Chimacum and Quilcene. This helps involve parents, teachers and students and reduces early substance abuse and helps children avoid going down a bad path. Jefferson County Conservation District - $46,000 in funding to this separate governmental entity for programs that are very effective in promoting agriculture, water quality, forestry, fish and wildlife habitat and education outreach to rural landowners. Governmental functions - A small amount would go to the Assessor, Auditor, Treasurer and Commissioner's Offices to assure that those core functions continue. These are the services that are being proposed to receive funding if this ballot measure passes, Philip Morley noted. The Port Townsend City Council is meeting tonight to finalize a resolution that both supports placing this measure on the ballot in November and supports negotiating an interlocal agreement for using half of the City's funds for a 6 year period. There is a special meeting of the Board of Commissioners scheduled for tomorrow at 8:30 a.m. in case there are any amendments that need to be made and the Prosecuting Attorney's Office must review and approve the ballot title and the deadline for filing that with the County Auditor is tomorrow, August 10,2010. Assessor Jack Westerman added so that the public understands that it hasn't just been the Sheriff's Office that has made cuts for the past few years, when he came to work in 1975 there were 13.5 FTEs in the Assessor's Office and there are now 9.62 FTEs. He cut an Appraiser this year and at the end of 2006 he cut an administrative staff when the Real Estate Excise Tax Affidavit slowed down. His staff is 30% less than it was 35 years ago with twice as many residences and double the population. He added that he thinks that is Page 8 Commissioners Meeting Minutes: Week of August 9, 2010 ~rn~~Lr what is true in most administrative departments. The public needs to be aware that every department is going through reductions. He added that the options available to the County for raising revenues are raising sales tax versus a property tax levy lid lift and there is not a single government entity that is to a great extent funded by property tax (i.e. the City, Library District, Fire Districts, Hospital Districts, Water Districts) that hasn't gone to the voters for a property tax lid lift. The schools have increased their M&O levy requests. The County in his 35 years has never done a property tax levy lid lift. The estimated $637,000 from the sales tax would only be $.12 levy lid lift which is less than any of the EMS levies or the $.75 for the Library and the $1.00 for the City for fire services. He feels that when the voters approved 1-474 under !man's initiative that the idea was to hold government down and if the government wanted more than 1 % government would have to go to the voters and ask. He prefers the sales tax because there are 3 levy lid lifts in the City that will potentially take effect in 2011 (the Library, EMS and now Fire), and there's 2 levy lid lifts in Fire District #1. All the other governmental entities do not have the option of putting a sales tax on the ballot and he feels the Commissioner's made a good choice in selecting a sales tax instead of the property tax. Philip Modey then reviewed the ballot title and a few wording changes: Struck second "if approved" so that it reads more clearly. A little bit of word order choice suggested by the Chief Deputy Prosecuting Attorney. The title will now read: "Jefferson County Proposition No.1 - Local sales and Use Tax for public safety, youth and senior services, community services and basic government public services. The Jefferson County Board of County Commissioners adopted Resolution No. _ to place before the qualified voters of Jefferson County the question of whether the sales and use tax in Jefferson County should be increased 0.3 of 1 % equal to $.30 tax on a $100 purchase. If approved, Proposition No.1 would dedicate revenue to maintain certain Sheriff, Prosecutor, and other public safety services, youth programs, juvenile services, senior services, community centers, public health and basic government services. By law Port Townsend would receive for similar purposes 40% of the revenue including an agreement to dedicate a portion to support County Parks and Recreation for six years. At least 1/3 of all revenue must be allocated for public safety purposes. Should this Proposition be approved rejected?" He then reviewed the wording of each section of the resolution to approve putting this proposition on the ballot with the Board. Commissioner Johnson moved to approve RESOLUTION NO. 31-10. Commissioner Austin seconded the motion. The Commissioners thanked the County Administrator, Anne Sears, the Deputy Prosecuting Attorney, the Sheriff, the Assessor and others that have worked on or provided input on this matter. The Chair called for a vote on the motion. The motion carried by a unanimous vote. Page 9 Commissioners Meeting Minutes: Week of August 9,2010 ~OOm[f1T The meeting was recessed for the morning session and reconvened at 1 :30 p.m. with all 3 Commissioners present. County Administrator Briefing Session: County Administrator Philip Morley led the discussion of the following topics with the Board: · Continued Discussion on Potential Sales Tax Resolution - Philip Morley reviewed the final, updated resolution for signature with the following wording: ". . . by law Port Townsend would receive for similar purposes 40% of the revenue including an agreement to dedicate a portion to support County Parks and Recreation for 6 years. . . " This makes it sound like the law requires that the City dedicate a portion of their funds for 6 years to County Parks and Recreation which is not the case. He then presented some amending language to the motion approving the resolution to address this issue. The changes were then reviewed changing the above noted sentence into two sentences which will now read: ". . . by law Port Townsend would receive 40% of the revenue. The City would use it for similar purposes including an agreement to dedicate a portion to support County Parks and Recreation for six years. . ." Commissioner Johnson moved to amend his previous motion to change the wording as proposed by the County Administrator and approve RESOLUTION NO. 31-10 as amended. Commissioner Austin seconded the motion which carried by a unanimous vote. Letter o/Support: The Nature Conservancy's Clearwater Riparian Protection Project (#10-1553): Commissioner Austin moved that the Board members approve and sign this letter of support to the Recreation and Conservation Office in Olympia for the Nature Conservancy's Clearwater Riparian Protection Project. Commissioner Johnson seconded the motion which carried by a unanimous vote. The property would be held by the Nature Conservancy and not be annexed to either the National Forest or the National Park which was important to the residents of the West End, Commissioner Austin added. · Calendar Coordination - The Board members reviewed their calendars for the upcoming weeks. · Miscellaneous Items - The Board was updated on the status of hiring the IT Manager position. NOTICE OF ADJOURNMENT: Commissioner Austin moved to adjourn the meeting at 3:27 p.m. until the special meeting scheduled for 8:30 a.m on Tuesday, August 10,2010 Page 10 Commissioners Meeting Minutes: Week of August 9,2010 .~ ill} b:~\ as properly noticed pursuant to RCW 42.30.080. Commissioner Johnson seconded the motion which carried by a unanimous vote. MEETING ADJOURNED JEFFERSON COUNTY BOARD OF COMMISSIONERS SEAL: David Sullivan, Chair ATTEST: Phil Johnson, Member Lorna Delaney, CMC Clerk of the Board John Austin, Member Page 11 District No.1 Commissioner: Phil Johnson District No.2 Commissioner: David W. Sullivan District No.3 Commissioner: John Austin ~= ~~~~=~~'::if,.~:~ey II!J I1J I(j II MINUTES Jr Week of August 16,2010 Chairman David Sullivan called the meeting to order 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 spoke about a "Unity of Effort" picnic this weekend in Gardiner; a citizen thanked the Board for their deliberations and passing the resolution to put a Public Safety sales tax on the ballot and said that he supports the Board's efforts to maintain the services the County and City provide to their citizens; a candidate for Prosecuting Attorney suggested that the Board have performance audits on the services provided by County Departments and programs which may save more money than the additional sales tax may generate. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Johnson moved and Commissioner Austin seconded the motion to approve all of the items on the consent agenda as presented. The motion carried by a unanimous vote. 1. RESOLUTION NO. 33-10 re: Adopting the Cost Allocation Plan for Fiscal Years 2010 and 2011 2. AGREEMENT re: Appraisal Services for Various Projects; In the Amount of $20,000.00; Jefferson County Public Works; Property Counselors 3. AGREEMENT re: Appraisal Services for Various Projects; In the Amount of $20,000.00; Jefferson County Public Works; Granger Company . 4. AGREEMENT re: On-Call Guardrail Repair and Installation Services for Three (3) Years; Not to Exceed the Amount of $35,000.00; Jefferson County Public Works; Pan-Arctic Contractors, Inc. 5. Advisory Board Resignation; Jefferson County Planning Commission; Andrew Reding, District #1 6. Payment of Jefferson County Vouchers/Warrants Dated August 9,2010 Totaling $414,612.70 7. Payment of Jefferson County Payroll Warrants Dated August 5, 2010 Totaling $777,174.94 and AlP Warrants Done by Payroll Dated August 6,2010 Totaling $629,410.03 and Totaling $107,793.67 (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.) COMMISSIONERS BRIEFING SESSION: The Commissioners and County Administrator reported on the following items: . Commissioner Austin reported that he attended the Substance Abuse Advisory Board meeting last week and they are developing a program for citizens to dispose of legal and controlled prescription drugs that are no longer needed. This will help with keeping unneeded prescription drugs from getting into the environment through septic and sewer systems and it would allow parents to get rid of their prescription drugs properly. Page 1 Commissioners Meeting Minutes: Week of August 16,2010 IDJOOffiWlf Commissioner Johnson said that he will be attending the Port Townsend Paper ecology biomass meeting at Fort Worden on Tuesday night (6:30 p.m.); he also visited the Port Townsend Preservation Technologies school at Fort Worden; he attended the dedication of the new sprinkler system at Memorial Field which was the community effort of Rich Stapf, the Rotary Club and many individuals in the community. Commissioner Sullivan attended the dedication of the Park on Sims Way by the Master Gardeners which is another great program of volunteers; He reminded everyone that the Port Townsend Uptown Street Fair is this Saturday. He added that the RC&D was just audited and they came through the audit well. The Board members shared their observations from the Jefferson County Fair held last weekend and the impressive work of the 4-H Clubs and many other volunteers that make the Fair possible. Philip Morley. County Administrator thanked Joe D'Amico for providing a community gathering over the weekend. He then noted that 4-H and Master Gardeners happen under the umbrella ofWSU Cooperative Extension and he met with Katherine Baril, Extension Agent and the Western Regional Manager for that program to discuss the services they provide on this cooperative basis. BRIEFING re: Guidelines for Local Government Agencies in Election Campaigns: David Alvarez, Chief Civil Deputy Prosecuting Attorney presented and reviewed the following documents with the Board which contain information on prohibited and allowed activities by the Commissioners, Elected Officials, and County staff regarding election campaigns. While normal and regular conduct of any County business, including the sharing of information, is allowed, advocacy for or against a ballot measure generally is not. He added that the PDC is the agency that interprets this law and suggested that anyone with a question should review the information on the PDC website. · PDC Interpretation #04-02 dated September 28, 2004 - Guidelines for Local Government Agencies in Election Campaigns (public Disclosure Law re: Use of Public Facilities in Campaigns Revised September 28, 2009) · RCW 42.17.390 Civil Remedies and Sanctions · Documents re: Campaign Activity by County Officials and Employees (Booklet) 1) RCW 42.17.130 2) State Regulations, found in Ch. 390.05 WAC 3) Public Disc. Commission Interpretation #04-02 4) Memo from Attorney General's Office dated 9/13/2001 5) Memo to San Juan County employees from San Juan County Administrator 6) Case law on the phrase "normal and regular." The briefmg continued about the County's budget process and what officials and employees can and cannot do and say about the ballot measure. Page 2 Commissioners Meetin Minutes: Week of Au st 16,2010 PROCLAMATION re: Proclaiming Recognition of Olympic Peninsula Senior Games on August 27-29,2010: D. Bellamente, Senior Center Manager, City of Port Angeles, Jerry Rotella, Beverly Hawes and Elaine King, Volunteers, were present when Commissioner Johnson moved to approve the Proclamation as presented. Commissioner Austin seconded the motion. The Chair read the Proclamation. Commissioner Austin thanked the group that came to support the proclamation. Chairman Sullivan noted that lout of 5 people in Jefferson County is over 70 years old. Jerry Rotella reported that the numbers of participants are increasing each year and they expect 400 this year. D. Bellamente stated that they have 100s of volunteers. They are a grassroots organization and they appreciate being able to come to the Board for support. The games are held in many different venues for the different sports across the Port Angeles and Sequim areas. Chairman Sullivan then called for a vote on the motion. The motion carried by a unanimous vote. The meeting was recessed at the conclusion of the scheduled business in the morning and reconvened at 1 :30 p.m. with all 3 Board members present for the following business. COUNTY ADMINISTRATOR BRIEFING SESSION: County Administrator Philip Morley discussed the following items with the Board: · Update re: Irondale/Port Hadlock Wastewater System - Joel Peterson, Associate Planner for the Department of Community Development updated the Board on the status of this project. · Calendar Coordination - The Board members reviewed their calendars for the upcoming weeks. An Executive Session was scheduled from 2:15 p.m. to 2:30 p.m. with the County Administrator, Community Development Director, the Planning Manager and an Associate. Planner to consider the selection of a site or the acquisition of real estate by lease or purchase under exemption RCW 42.30.110(1) as outlined in the Open Public Meetings Act. The Board actually met in Executive Session on this topic from 2:15 p.m. to 2:30 p.m as scheduled. At the conclusion of the Executive Session the Board resumed the regular meeting and no action was taken. An Executive Session was scheduled from 2:30 p.m. to 3 :00 p.m. with the Deputy . Prosecuting Attorney, County Administrator, Public Works Director and Parks and Recreation Manager to consider the minimum price at which Real Estate will be offered for sale or lease under exemption RCW 42.30.110(1) as outlined in the Open Public Meetings Act. The Board actually met in Executive Session on this topic from 2:40 p.m. to 3:50 p.m as scheduled. At the conclusion of the Executive Session the Board resumed the regular meeting and no action was taken. Page 3 Commissioners Meetin Minutes: Week of Au st 16, 2010 I, Ok.. ~ I j w~.. NOTICE OF ADJOURNMENT: Commissioner Austin moved to adjourn the meeting at 4:33 p.m. until the next regularly scheduled meeting on August 23,2010 or properly noticed special meeting. Commissioner Johnson seconded the motion which carried by a unanimous vote. MEETING ADJOURNED JEFFERSON COUNTY BOARD OF COMMISSIONERS SEAL: David Sullivan, Chair ATTEST: Phil Johnson, Member Lorna Delaney, CMC Clerk of the Board John Austin, Member Page 4 " 'to- 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 August 10, 2010 'fjJlJJ/}l! Chairman David Sullivan called the meeting to order at 8:30 a.m. Commissioner Phil Johnson and Commissioner John Austin were present. Discussion re: County Finances and Potential BaUot Measure: County Administrator Philip Morley explained that last night the City of Port Townsend adopted Resolution 10-029 with modifications to the originally proposed version that was presented for their consideration. His recollection of the changes they made stated that during the first 4 years a portion of sales tax received would go to support and restore operations of Memorial Field and the Port Townsend Recreation Center if the ballot measure passes. Chairman Sullivan stated that he felt that there was support in general from the Council for all the programs that are at risk and a real understanding of the issues. It's always difficult when considering the impact of actions taken today. Those actions are setting the stage for future negotiations. The City came to the conclusion at the end of the discussion that the economy will playa major role. We already have the foundation for working together and we've got a commitment for working on the issues that will be outlined in the interlocal agreement with some benchmarks and an understanding of how fast we want to get to certain stages and what order to do things. Philip Morley stated that it is important to note that of the 4 City Council members present last night there was a unanimous vote in support of placing the question in front of the voters and also in authorizing the City Manager to negotiate with the County to develop an interlocal agreement. They agreed with the County's point that there is urgency in adopting an interlocal agreement sooner rather than later so that the voters would know what they're getting. He then reviewed the wording for Section 3 of the County's resolution as follows: "The proposed sales and use tax will also generate approximately $425,000 per year of additional revenue to the City of Port Townsend, one-third of which fund shall be used to fund City public safety programs, and the remaining revenue would be used for other City services; and the County intends to enter into an inter-local agreement with the City whereby a portion of the City's share would be dedicated for up to four years to Memorial Field and the Port Townsend Recreation Center to support and restore their operations and maintenance, restore youth after school programs, and provide capital funds for repairs and improvement; and," The ballot title itselfwas then reviewed and will read with the changes suggested as follows starting at "If approved. . .": Page 1 " ID[fd~~TI Commissioners Special Meeting Minutes: August 10,2010 ~~"'OS(~l,: ~... '\--~ ~~. "'$" tl(\'W Proposition #1 would dedicate revenue to maintain certain sheriff, prosecutor, other public safety services, youth programs, juvenile services, senior services, community centers, public health and basic government services. By law Port Townsend would receive 40% ofthe revenue. The City would use it for similar purposes including an agreement to dedicate a portion to support county parks and recreation for up to four years. At least one-third (1/3) of all revenue must be allocated for public safety purposes. Should this proposition be: Approved Rejected Commissioner Austin questioned what would happen if the amount of time was left off recognizing that it is variable? It would just end with ". . .an agreement to dedicate a portion to support County parks and recreation." The implication of that wording could be read to imply, Philip Morley noted, that it is a permanent dedication. Chairman Sullivan noted that it could be read that it's an uncertain designation. It could be read either way depending on how a person projects their concerns. Even with 4 years it could be longer or shorter depending on the negotiations with the City. This wording gives the voters a ballpark for the length of time. The discussion continued regarding the City's support and what might go into the interlocal agreement. The meeting was recessed to allow time for the City to provide a copy of the fmal Resolution wording. The meeting was reconvened at 1 :30 p.m. with all three Commissioners present. County Administrator Philip Morley reported that a copy of the City's fmal resolution though it has not yet been reviewed or executed by the Mayor, was transmitted to us from the City Clerk based on her understanding and review of minutes from last night's meeting of the changes that the City was looking at in their resolution. He reviewed the wording changes from the City's resolution. The changes made to the County's draft resolution included section numbering (new added section 1 which repeals Resolution 31-10 that was passed at the August 9, 2010 meeting) and a new numbered section 4 which now reads: '~The proposed sales and use tax will also generate approximately $425,000 per year of additional revenue to the City of Port Townsend, one-third of which funds shall be used to fund City public safety programs, and the remaining revenue would be used for other City services; and the County intends to enter into an inter-local agreement with the City whereby a portion of the City's share would be dedicated for up to four years to Memorial Field and the Port Townsend Recreation Center to support and restore their operations and maintenance, restore youth after school programs, and provide capital funds for repairs and improvements; and," Deputy Prosecuting Attorney David Alvarez pointed out that the City dropped the specific reference to Memorial Field and the Port Townsend Recreation Center which now reads "support County parks and recreation, . . ." He asked if the County wants to change their resolution to say the same? Philip Morley Page 2 .. -- 1< ~~~~TI Commissioners Special Meeting Minutes: August 10, 2010 answered that the County's resolution wording indicates the County's initial intent. Commissioner Austin stated that he agreed with Philip Morley that the City's wording is open and the County's wording is saying what the County intends. He then reviewed the ballot title which is the same as reviewed this morning. This resolution if adopted would repeal the resolution that was adopted yesterday (replaces Resolution No. 31-10) and replace it with this resolution. Commissioner Johnson stated that he feels that work needs to start immediately on the interlocal agreement so that the public has an understanding of what words like "apportion" mean. Philip Morley stated that he feels fmalizing the interlocal agreement will spell out what the public's dollars will be buying and will help the public understand the ballot issue. Apportion was in the County's original ballot language. Commissioner Austin moved to approve and adopt RESOLUTION NO. 32-10 asfinalized during this meeting. Commissioner Johnson seconded the motion. Commissioner Austin noted for the record that the 3 County Commissioners listened attentively to the City Council deliberations last night but they took no action and they did not speak with each other about what was going on. Very clearly last night was not a meeting of the County Commissioners. The Commissioners each attended the City Council meeting on their own. The Chair called for a vote on the motion. The motion carried by a unanimous vote. The discussion continued regarding the interlocal agreement and Philip Morley asked how the Board would like him to proceed. The Board concurred that the County Administrator be the lead for the negotiations and keep the Board apprised of the progress since time is of the essence. NOTICE OF ADJOURNMENT: Commissioner Austin moved and Commissioner Johnson seconded the motion to adjourn the meeting at 1:51 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. JEFFERSON COUNTY BOARD OF COMMISSIONERS SEAL: David Sullivan, Chair ATTEST: Phil Johnson, Member Lorna Delaney, CMC Clerk of the Board John Austin, Member Page 3