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HomeMy WebLinkAboutM020612 ~1 COMAtJ.n... ~~, ~~~~\ ~(:; ~,~\ \.... ""~ I \ J ; \~ -?:/ ~ District No.1 Commissioner: Phil Johnson District No.2 Commissioner: David W. Sullivan District No.3 Commissioner: John Anstin County Administrator: Philip Morley Clerk ofthe Board: Elizabeth Hill MINUTES Week of February 6, 2012 Chairman John Austin called the meeting to order at the appointed time in the presence of Commissioner David Sullivan and Commissioner Phil Johnson. PUBLIC COMMENT PERIOD: The following are a summary of comments made by citizens in attendance at the meeting and reflect their personal opinions: . A citizen thanked the Board for meeting with the Department of Ecology (DOE) regarding the Shoreline Master Program (SMP) and asked the Board to invite the final decision makers to the next joint meeting; . A citizen stated it was hard to hear at the joint Board meeting with DOE and asked that the Board recognize who is speaking at the next meeting; consent agenda item no. I has Erin Lundgren appointed as Clerk of the Board which will be a huge morale booster and will change the office for the better; . A citizen pointed out property by the Big Quilcene River that is owned by the County and asked that the County consider making it a recreational area; . A citizen offered their services for recording the Boards meetings; . A citizen stated the Board should treat everyone the same; and . The computer surplus equipment is not disposed of properly but actually ends up in Asia with children tearing the computers apart; an email was listed on the correspondence log responding to a comment without including the person who wrote the initial email in the distribution list which is rude, unprofessional and should not be tolerated. APPROVAL AND ADOPTION OF CONSENT AGENDA: Commissioner Sullivan moved to approve all items on the Consent Agenda as presented. Commissioner Johnson seconded the motion which carried by a unanimous vote. I. RESOLUTION NO. 09-12: Appointing Erin Lundgren as Jefferson County Clerk of the Board (Effective February 27, 2012) 2. BID CALL: Publication of County Legal Notices; Bids Accepted Until 9:30 a.m. and Opened and Read Publicly at 10:00 a.m. on Monday, March 12, 2012 in the Commissioners' Chamber (Replaces Bid Can Approved on 1/23/12) 3. AGREEMENT NO. G0700097, Amendment No.3: Water Resource Inventory Area (WRIA) 17 Watershed Plan Implementation Grant; the Total Amount of Matching Contribution $14,328.50; Jefferson County Public Health; Public Utility District #1 4. AGREEMENT: Purchase 13.09 Acres of Property (APN 602344015); Located on the Dosewallips Floodplain for Salmon Recovery Purposes; In the Amount of$71,995; Jefferson County Public Health; Uerla Coone, Property Owner Page I Commissioners Meeting Minutes: Week of February 6, 2012 5. AGREEMENT, Interlocal: Funding Support of the North Pacific Coast Marine Resource Committee (NPC MRC); In the Amount of $8,500; Jefferson County Public Health; Clallam County 6. AGREEMENT NO. PO-00J08601, Amendment No.1: Watershed Stewardship Resource Center; Revising Budget and Project Timeline; Not to Exceed $533,761; Jefferson County Community Development; US Environmental Protection Agency 7. AGREEMENT: Maintenance for Audio Recording System Located in Commissioner's Chambers; In the Amount of $1 ,000 Plus Tax; Jefferson County Commissioners; Jefferson Audio Video Systems (JA VS), Inc. 8. AGREEMENT: Maintenance for Audio Recording System Located in District Court; In the Amount of$2,615 Plus Tax; Jefferson County District Court; Jefferson Audio Video Systems (JA VS), Inc. 9. AGREEMENT: Provide Quilcene Compactor Box Haul Services; In the Amount of Approximately $259.87 per Haul; Jefferson County Public Works; Murrey's Disposal Inc. 10. BID AWARD: 2012/2013 Pavement Markings on Jefferson County Roadways; In the Amount of $453,817; Jefferson County Public Works; Apply-A-Line, Inc. 11. 2012 Certification of Road Levy; Jefferson County Public Works; Washington State County Road Administration Board (CRAB) 12. Letter of Condolence; Sol Wiener; Marsha Wiener & Family 13. Letter of Support; Port Hadlock Wastewater Treatment Facility Project Funding; Senator Jim Hargrove; Senator Derek Kilmer; Representative Kevin Van de Wege; Representative Hans Dunshee; and Representative Steve Tharinger 14. Advisory Board Resignation: Jefferson County Library Board of Trustees; Peter Newland 15. Advisory Board Reappointments (2): Jefferson County Solid Waste Advisory Committee (SW AC); Two (2) Year Terms Expiring October 5, 2013; Representing the Port of Port Townsend 1) Terry Khile; and 2) Tami Ruby, Alternate 16. Advisory Board Appointments (2): Jefferson County Solid Waste Advisory Committee (SWAC); Two (2) Year Terms Expiring February 6,2014; 1) District 1 Representative, Richard Dandridge; and 2) Citizen-at-Large, Richard Talbot 17. Payment of Jefferson County Vouchers/Warrants: Dated January 23, 2012 Totaling $339,702.67, January 24, 2012 Totaling $3,322.16 and January 26,2012 Totaling $1,913.31 18. Payment of Jefferson County Payroll Warrants: Dated January 20, 2012 Totaling $90,544.62 and AlP Warrants Done by Payroll Dated January 20, 2012 Totaling $16,530.53 COMMISSIONERS BRIEFING SESSION: The Commissioners each provided updates on the following items: Chairman Austin attended an Olympic Consortium Board meeting and a Jeffcom 911 Board meeting last week. Commissioner Sullivan attended an Olympic Community Action meeting last week. Commissioner Johnson attended a Coastal Caucus meeting last week and will be attending the Olympic Regional Clean Air Board meeting and talking with legislative authorities this week. Page 2 Commissioners Meeting Minutes: Week of February 6, 2012 Letter re: Response to "Why Johnny's a Bad Kid" Article: Chairman Austin stated Public Health Director Jean Baldwin requested a letter to be sent to the Peninsula Daily News in response to an article titled "Why Johnny's a Bad Kid" published on January 10, 2012. The letter supports the idea of a nurse - family partnership and the importance of dealing with toxic stresses that children can be exposed to. Commissioner Sullivan moved to approve the Chair to sign the letter of response to the Peninsula Daily News. Commissioner Johnson seconded the motion which carried by a unanimous vote. HEARING: Wave Cable Television and Telecommunications Franchise: County Administrator Morley explained that this franchise is a short term franchise until negotiations can be completed for a long term franchise. Jim Pearson, Special Projects Coordinator, Department of Public Works, explained that WaveDivision I, L.L.c. is buying Broadstripe's existing Jefferson County system. Broadstripe's franchise agreement with the County has expired. Cable franchises are regulated by a federal cable act and is different than other existing County franchises. Presented today is a 6 month franchise and, if approved, a long term franchise will be negotiated and brought before the Board for consideration at a future date. Commissioner Sullivan asked if there are any restrictions of cable fees? Mr. Pearson answered no. Chairman Austin noted the contract states expenses incurred by the County are reimbursable. Deputy Prosecuting Attorney David Alvarez stated that the federal cable act was put into place to encourage rural areas to support this service. Chairman Austin opened the hearing for public testimony. Steve Oakford: He looks forward to Wave managing this system because what we have had in the past has been meager in customer service. He suggests that the company does not advertise low pricing. That is very deceptive to people, especially seniors. It is offered at a low price for a temporary amount of time, i.e. six months, and his personal conversations has not yielded the advertised prices once the temporary introductory offer time period is over. Part of the customer service would be to state pricing including all the add ons and the public should be aware so people can soy weather or not they can afford it so they know what they are getting into. That should be part of the negotiation process. Tom Thiersch: All of the revenue received from this agreement should go to the Department of Public Works because they are the ones doing all the work. It should not go to the General Fund for the County. Page 10 ofthe agreement states gross revenue does not include internet or telephone service. The federal cable act might not specifY those services but it does not preclude the County from including those revenues in their contract. A huge part of revenue is received for the internet service and it runs through the same piece of cable. He likes that the County is getting revenue for it and supports this agreement but would like to see the long term agreement add provisions including counting revenue received from telephone and internet services. The appendix that describes the level of service expected includes seven days time for the company to install a service once the customer calls and allows an outage of 24 hours until the company has to respond to a customer once it is reported. If a customer has internet access telephone services with the company, 24 hours is too long of a time period to respond. That should be shortened in the contract because the telephone is a vital service. Provisions should be put in the contract so they are forced to offer everyone in the County their service even if access has to be made. Page 3 Commissioners Meeting Minutes: Week of February 6, 2012 Joe D' Amico: From a business standpoint, Jefferson County should be business friendly and he would be leery signing a six month contract only later to have additional requirements imposed such as how much the company is allowed to charge. The six month agreement should be flexible and if Wave has purchased Broadstripe they have probably already spent an estimate of$IOO,OOO in legal fees already. If the County regulates what the cable company is going to charge, will the County regulate what the PUD charges if they use the County right-of-way? Fred Davis (a.k.a. Mike Belenski): Why are other companies not offered the same opportunities as cable companies? Why is it Wave Cable and not someone else? The County always contracts with certain people without going to bid or sending notices that the County is looking for people. How do these people find you or how do you fmd them? He seconds what Mr. Thiersch and Mr. D'Amico stated. Hearing no further testimony, Chairman Austin closed the hearing for public comment. Mr. Pearson stated the customer service requirements attached to the franchise are from the FCC and federal cable act. The cable operator should start working on cable interruptions promptly, no later than 24 hours. Public Works has been receiving complaints about Broadstripe and has been keeping track of them. One of the factors considered in this franchise is the level of customer service. If it appears that the FCC rules are not being met, the County has the option to bring this discussion to Wave and negotiate a new franchise. The County is authorized to charge a fee by the federal cable act, but not for internet and telephone services. The federal government sets the boundaries for that. The cost can be very high to bring a line and install to a residence in a rural area and there are requirements for that issue. Jefferson County did not choose Wave, Wave chose Jefferson County because Broadstripe has been in bankruptcy. Another business could come in and provide the same service as this is a non-exclusive franchise. Commissioner Sullivan asked if residents could offer to pay the cost for services to be installed to get the services? Mr. Pearson introduced Wave employee Michael Talpi who answered that typically that requirement is not in a franchise but he does receive those requests and does consider them. Chairman Austin asked Mr. Alvarez if it is difficult to determine in court what "working on" is defined as when a customer calls regarding an outage and the company is required to start working on it in 24 hours? Mr. Alvarez answered there is not a firm answer to that. There are conditions that are not in control of the cable operator like weather and network outages. Commissioner Johnson asked Mr. Talpi where the local headquarters for Wave are located? He answered they are located in Kirkland, Washington. Commissioner Sullivan disclosed he is a Broadstripe customer, but his understanding regarding utilities is that it is not a conflict of interest for him because the same service is provided to everyone in the area. Chairman Austin asked Mr. Alvarez if this vote is at risk? He answered no. Commissioner Sullivan moved to approve RESOLUTION NO. 10-12 granting the temporary non-exclusive franchise to constuct, maintain and operate cable television and telecommunication together with poles, wires, and other appurtenances upon, over, along, and across a franchise area within unincorporated Jefferson County. Commissioner Johnson seconded the motion which carried by a unanimous vote. Page 4 Commissioners Meeting Minutes: Week of February 6, 2012 The meeting was recessed at 10:37 a.m. and reconvened at 1 :35 p.m with all three Commissioners present. COUNTY ADMINISTRA TOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board: Potential Voluntary Stewardship Plan Letter Calendar Coordination Legislative Update Miscellaneous Items Future Agenda Items Letters of Explanation (2) re: County Administrator Morley stated two letters are presented as an explanation as to why the Board opted out of the Voluntary Stewardship Program (VSP). The Board, County Administrator Morley, Associate Planner Donna Frostholm, Interim Department of Community Development Director Stacie Hoskins and the Board discussed the potential liabilities and the undefined parts of opting into the program. Commissioner Sullivan moved to approve a letter to Rosie Taylor, Jefferson County Conservation District; Roger Short, Jefferson County Farm Bureau Representative; Dick Bergeron, Chimacum Grange Representative; Judith Alexander, Citizens for Local Food; Bill Miller, Jefferson County Planning Commission; Paul McCollum, Port Gamble S'Klallam Tribe; W. Ron Allen, Jamestown S'Klallam Tribe; Randy Lumper, Skokomish Tribe; George Yount, Olympic Environmental Council; Monica Fletcher, North Olympic Group Sierra Club; Dr. Laura Lewis, Jefferson County Washington State University Extension; and Ron Shultz, State Conservation Commission explaining why Jefferson County opted out of the VSP. Commissioner Johnson seconded the motion which carried by a unanimous vote. Commissioner Johnson moved to approve a letter to Governor Chris Gregiore explaining why Jefferson County opted out of the VSP. Commissioner Sullivan seconded the motion which carried by a unanimous vote. CLOSED SESSION: An Executive Session was scheduled from 2:30 p.m. to 3:00 p.m. with County Administrator and Budget Consultant to discuss strategy or position for collective bargaining, professional negotiations, or grievance or mediation proceedings, not Subject to the Open Public Meetings Act, as Outlined in RCW 42.30.140(4)(b). The Board actually met inclosed sessionfrom2:30 p.m. to 3:10 p.m. At the conclusion of the Closed Session the Board resumed the regular meeting and no action was taken. The County Administrator's Briefing Session was continued with items as listed above. CLOSED SESSION: An Executive Session was scheduled from 4:20 p.m. to 4:30 p.m. with County Administrator and Budget Consultant to discuss strategy or position for collective bargaining, Page 5 Commissioners Meeting Minutes: Week of February 6, 2012 professional negotiations, or grievance or mediation proceedings, not Subject to the Open Public Meetings Act, as Outlined inRCW 42.30. 140(4)(b). The Board actually met inclosed session from2:30 p.m. to 3:10 p.m as scheduled. At the conclusion of the Closed Session the Board resumed the regular meeting and no action was taken. NOTICE OF ADJOURNMENT: Commissioner Johnson moved to adjourn the meeting at 4:34 p.m. the next regular meeting or special meeting as properly noticed. Commissioner Sullivan seconded the motion which carried by a unanimous vote. MEETING ~.n)"~: " >', :,' > ""/'" SEAL:; ..; .~j,,\ : i:' ~(J~:I':~%: <~;, .. \.. . - ',/ ~ y"1 . ~..' "... ~ s . " '. ',,,'.,,,. ' .' a : ~L-._' ~;,;o _2~~- -- I!.'" . ~-' S ,. .j ~. J "" ~ ATTE T: c";;", v,c". JEFFERSON COUNTY BOA~MMISSIONERS l' Austin, Chair Phil",;;;,,,,, ' ~7 . ;{;?/L> / of / . . . ~. -; / Davl ~]furan, MemDer ~~Q Raina Randall Deputy Clerk of the Board Page 6