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HomeMy WebLinkAboutM051214District 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: Erin Lundgren MINUTES Week of May 12, 2014 Commissioner Phil Johnson called the meeting to order at the appointed time in the presence of Commissioner David Sullivan. Chairman John Austin was absent. PUBLIC COMMENT PERIOD: The following is a summary of comments made by citizens in attendance at the meeting and reflect their personal opinions: • A citizen voiced concern regarding geoduck farming in Jefferson County and submitted a petition with signatures; • Six citizens stated they had concerns with the County's marijuana permitting process and suggested holding a public forum to discuss the issue further; • A citizen stated: 1) European diesel vehicles have less of a carbon footprint than plug -in hybrid vehicles; and 2) There are successful billionaires in the U.S.; • Two citizens stated they would like the candidate interviews for the office of Treasurer open to the public; and • A citizen suggested that the County use the tools they have to ensure that new businesses are operated by people who live in the County. APPROVAL AND ADOPTION OF THE CONSENTAGENDA: Commissioner Sullivan moved to approve all the items on the Consent Agenda as presented. Commissioner Johnson seconded the motion. The motion carried. 1. PROCLAMATION re: Declaring the Week of May 11 -17, 2014 as National Police Week and Observe May 15, 2014 as Peace Officers' Memorial Day 2. AGREEMENT, Technical Amendment No. 1 re: Collective Bargaining Agreement for the Jefferson County Public Works Employees; Teamsters Local #589 3. AGREEMENT re: 2014 -2019 Hearing Examiner Services; In the Amount Not to Exceed $35,000 per Year; Jefferson County Department of Community Development; McCarthy & Causseaux, Stephen Causseaux 4. AGREEMENT re: Purchase and Service Agreement for Security System; Quilcene Solid Waste Drop Box Facility; In the Amount of $1,638 plus $42 Monthly Service Fee; Jefferson County Public Works; Guardian Security 5. AGREEMENT re: Service Agreement for Security System; Transfer Station Scale House and Office; In the Amount of $52 Service Fee per Month; Jefferson County Public Works; Guardian Security Page 1 Commissioners Meeting Minutes of May 12, 2014 6. AGREEMENT re: Road Use Permit for Disposal of Waste Soil from Road Maintenance; In the Amount of $2,000; Jefferson County Public Works; Rayonier Timber 7. AGREEMENT NO. 50- 090160 re: Easement for Dowans Creek Road Realignment, Project No. 18017993, MP 0.85 -MP 1.53, County Road No. 146809; In the Amount of $70,290; Jefferson County Public Works; Washington State Department of Natural Resources (DNR) 8. AGREEMENT re: Automotive Fluids Recycling Services; In the Amount of $49,096; Jefferson County Public Works; Thermo Fluids, Inc. 9. AGREEMENT NO. C16887, Amendment No. 14 re: 2012 -2014 Consolidated Contract; Additional Amount of $5,250 for a Total of $1,543,266; Jefferson County Public Health; Washington State Department of Health (DOH) 10. Advisory Board Appointments re: Jefferson County Health Board: 1) Affirm Continuation of Present Terms through May 31, 2014; Sheila Westerman, At -Large Community Representative and Kris Nelson, City Representative; 2) Affirm Continuation of Present Term through May 31, 2015; Jill Buhler, Public Hospital District #2 Commission Representative; 3) Appoint Sally Aerts, At -Large Community Representative, Term Expires May 31, 2015; 4) Reappoint Sheila Westerman, At -Large Community Representative and Kris Nelson, City Representative, Terms Expiring May 31, 2017 11. Payment of Jefferson County Payroll Warrants Dated May 5, 2014 Totaling $798,039.12 and A/P Warrants Done by Payroll Dated May 5, 2014 Totaling $721,361.58 COMMISSIONERS BRIEFING SESSION. The Commissioners each provided updates on the following items: Commissioner Johnson - Attended a Washington State Association of Counties (WSAC) Conference and Timber Counties meeting last week. Commissioner Sullivan - Attended a WSAC Conference last week. Bid Opening re: Supply of Hybrid Sedans: ER &R Manager Matt Stewart explained that the bid for hybrid sedans was based on need and not a fixed quantity. He opened and read the following bids aloud: BIDDER Wilder Toyota West Hills Honda BID AMOUNT $337,203.71 $416,545.58 Manager Stewart explained that there were 4 bid line items. Wilder Toyota only bid for line item number 1. West Hills Honda's bid included the other options. Their bid for line item number 1 was for $357,000 and did not include taxes. He added that line item 1 requested a bid for up to 15 sedans over the next 5 years. Staff will review the bid and submit a recommendation for bid award to the Board at a future date. Page 2 Commissioners Meeting Minutes of May 12, 2014 The meeting was recessed at 10:07 a.m. and reconvened at 10:13 a.m. with Commissioner Johnson and Commissioner Sullivan present. EXECUTIVE SESSION: An Executive Session was scheduled from 10:15 a.m. to 10:45 a.m. with the County Administrator, Deputy Prosecuting Attorney, Outside Legal Counsel, Community Development Director and Planning Manager regarding Attorney - Client Privilege, Actual Litigation under exemption RCW 42.30.110(1)(i) as outlined in the Open Public Meetings Act. The actual period of time the Board met in Executive Session on this topic was from 10:15 a.m. to 10:55 a.m. At the conclusion of the Executive Session the Board resumed the regular meeting. DISCUSSION and ANNOUNCEMENT re: Compensation for Special Deputy Prosecuting Attorney, Mark Johnsen: After regular session resumed, Chief Civil Deputy Prosecuting Attorney David Alvarez announced that Mark Johnsen, of the law firm Karr Tuttle Campbell in Seattle, will be representing the County in regard to the three petitions for review that have been submitted challenging the lawfulness of the updated Shoreline Master Program (SMP) which was approved by ordinance December, 2013. He added that Mr. Johnsen has a retainer agreement that will be signed by the County Prosecutor. County Administrator Philip Morley stated that Mr. Johnsen's fee is $300 per hour. Associate fees are $235 per hour and paralegals are $95 per hour. EXECUTIVE SESSION. • An Executive Session was scheduled from 11:00 a.m. to 11:30 a.m. with the County Administrator, Deputy Prosecuting Attorney, Community Development Director and Planning Manager regarding Attomey- Client Privilege, Actual Litigation under exemption RCW 42.30.110(1)(i) as outlined in the Open Public Meetings Act. The actual period of time the Board met in Executive Session on this topic was from 11:00 a.m. to 11:26 a.m. At the conclusion of the Executive Session the Board resumed the regular meeting. The meeting was recessed at 11:26 a.m. and reconvened at 11:28 a.m. with Commissioner Johnson and Commissioner Sullivan present. DISCUSSIONAND POSSIBLE ACTION re: RESOL UTION Revising the Eligibility for Land Use and Development of Certain Lots Within a Plat Known as Termination Point Subject to Earlier County Commission Resolution Prohibiting Their Development: Chief Civil Deputy Prosecuting Attorney David Alvarez discussed a proposed resolution that relates to Russell Trask and a Termination Point plat. It is one part of a four part global settlement that involves this resolution. The resolution states lots 42 -56 of the Termination Point plat were never covered by the 1983 or 1997 resolutions. Pursuant to a negotiated global settlement of all claims, the County would release any restrictions on lots 42 -56, provided their future development would be subject to compliance with all pertinent regulations. Part two states that the remaining lots in the area below would have notice Page 3 Commissioners Meeting Minutes of May 12, 2014 E I I WWI attached to title that would be recorded with the Auditor and would serve as cloud on title and would be permanent in the sense that it would show up anytime anyone did a preliminary title binder. Part three is a release for anymore future taking claims against the County. In the past, Russell Trask has alleged that the County's moratoriums in 1983 and 1997 amount to an unconstitutional taking under the 5,' Amendment to the United States Constitution. He sought money damages at the rate of $1 million dollars per year for 10 years. The fourth part of the global settlement would require the County to sign a voluntary dismissal of their case which was an enforcement action filed in Superior Court that led to a permanent injunction. The permanent injunction would disappear. The replacement would be a notice to title, which would be recorded with the Auditor. Staff requested the Board of County Commissioners (BOCC) approve the proposed resolution. Commissioner Sullivan expressed appreciation for all the work that went into making this happen and made a motion to approve RESOLUTION 21 -14 Revising the Eligibility For Land Use and Development of certain Lots within a Plat known as Termination Point subject to earlier County Commission Resolutions prohibiting their development. Commissioner Johnson seconded the motion. County Administrator Philip Morley stated there was discussion by State Department of Natural Resources (DNR) geologists about the areas in the lower lots in question who noted that it is a matter of time that those lots are likely to slide at some point. He added that he is concerned about the upper lots that will be released through the resolution. He suggested making the owners there aware of the instability below them. If people chose to develop, purchase and locate to those lots, there should be a release to the County making them aware of the inherent risk of those parcels. Commissioner Johnson asked how this information relates to the engineer's report stating there was no problem in this area? Department of Community Development (DCD) Director Carl Smith replied that it is not a guarantee, but that it is a professional opinion. Planning Manager Stacie Hoskins stated that if the landowners can keep the slope in the lower area vegetated, it would slow down the geological evolution of the site. Careful development of the upper sites would also help. Director Smith stated that it would be in the County's interest to draw up a document similar to the one the County Administrator suggested. County Administrator Morley noted that in the geology of the Oso, Washington slide, it was more like 2 slides. The lower slide occurred first and that triggered the slide above. Ms. Hoskins stated that findings would state if a particular parcel were in a landslide area, or in proximity to one. County Administrator Morley noted that the geotech reports provide some reassurance, but over time, bluffs slough and work their way back. He noted that there are many bluffs in the Puget Sound and in Jefferson County that may pose a risk of slides over time. Attorney Alvarez suggested that DCD follow their current rules and use a hold harmless agreement like the County has always done in geological areas. Director Smith and Attorney Alvarez suggested having this step done at the permit level, and based on findings of the permit, do a hold harmless agreement if necessary. Commissioner Johnson called for a vote on the motion. The motion carried. Page 4 Commissioners Meeting Minutes of May 12, 2014 X;7 tiMmU The meeting was recessed at 11:42 a.m. and reconvened at 1:31 p.m. with Commissioner Johnson and Commissioner Sullivan present. Discussion re: Treasurer Candidates: County Administrator Philip Morley stated that last week the Republican Committee submitted 3 names for the vacancy of the Treasurer's position. He discussed with the Board the timeframe and process for moving forward. He submitted a document titled "Treasurer Interview and Appointment Scenario" which depicted the possible interview dates where all those involved in the process could be present for the interviews with Judi Morris. Possible dates were: June 3, June 4, June 6 and possibly June 7, 2014. County Administrator Morley noted that if Treasurer Judi Morris was not a part of the process, more dates would be available. Commissioner Johnson asked if Ms. Morris has indicated that she would like to be present? County Administrator stated that she did. The Commissioners reviewed the calendar to see which dates would work the best. County Administrator Morley indicated that of the three candidates for Treasurer, only one resumd resume was received. He suggested sending out letters to the candidates requesting a resum6. The Commissioners agreed to this. He noted that the appointed Treasurer would serve out the remainder of Ms. Morris' term until the fall election. Whoever is elected upon certification will assume the duties as Treasurer. County Administrator Morley mentioned that the during the morning session Commissioners expressed interest in the public being able to submit questions to the Board of County Commissioners (BOCC) regarding the candidates. He stated that a notice could be published on the County's website and notification could be sent to the media about the interview process and a timeline for submitting questions. Staff could develop suggestions of questions and if the BOCC has any questions in mind, they could submit those to him. The Board agreed. Commissioner Sullivan liked the idea of having the candidate interviews open to the public. He suggested after holding interviews the Board would go into Executive Session and then resume the public meeting. County Administrator Morley noted that the Commissioners could appoint a Treasurer after the interviews, or they could wait until the following BOCC meeting. County Administrator Morley asked what if the person who the Commissioners invited to serve the remainder of the term declined their offer? He is not clear at this point what the next step would be. If there were no viable names, would the commissioners wish to have additional names? County Administrator Morley noted that a member of the audience wished to speak and asked if the Board would allow comment? The Board allowed comment. George Yount stated he anticipated a large crowd for this and asked if there was a larger venue where the candidate interviews could be held? Commissioner Johnson stated that Superior Court may be an option. Since this would be a special meeting of the BOCC, hours could be adjusted to work around the court scheduling. County Administrator Morley stated that he will look into the Commissioners' options if they offer the position to a nominee and that person turns it down. Page 5 Commissioners Meeting Minutes of May 12, 2014 COUNTYADMINISTRA TOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Calendar Coordination: • There will be a Jefferson County Library annual breakfast meeting on May 15, 2014. • There will be a Jefferson County Board of Health meeting on May 15, 2014. • The Rhody Pet Parade will be on May 15, 2014. • All three Commissioners will be marching in the Rhody Parade on May 17, 2014. • The May 19, 2014 Board of County Commissioners (BOCC) meeting will include: • Roberta Frissell presentation • Adcomm presentation on E911 Regionalization Study • Hybrid vehicle bid rejection and re -bid • There will be a Washington State Association of Counties (WSAC) Coastal Caucus webinar on May 21, 2014. • WSAC Cascade Pacific Alliance is holding a kickoff for improving community health on May 21, 2014. • There will be a Hood Canal Coordinating Council (HCCC) meeting on May 21, 2014. Chairman Austin and County Administrator Morley will be attending a JeffCom meeting on May 22, 2014. • Memorial Day is on May 26, 2014. The BOCC meeting will be held on Tuesday, May 27, 2014. • The County Administrator Briefing (CAB) session of the BOCC meeting on May 27, 2014 will break before 3:00 p.m. to allow the Developmental Disabilities Board to hold their meeting in the Commissioners Chambers by 3:15 p.m. • Chairman Austin will be attending a Washington State Board of Health (BOH) meeting on June 11, 2014. • Commissioner Johnson will be out of the office June 12 -26, 2014. He will not be attending the BOCC meeting on June 16, 2014 or the Jefferson Transit meeting on June 17, 2014. • There will be a Hood Canal Coordinating Council (HCCC) meeting on June 18, 2014. • There will be an All- County Picnic Potluck at the Cape George Community Center on June 18, 2014. • There will be no BOCC meeting on June 23, 2014. • Chairman Austin will be out of the office June 23, 2014. • Chairman Austin will be attending a Puget Sound Septic Financing Advisory Committee meeting on June 26, 2014. • There will be no BOCC meeting on June 30, 2014 as it is a 5th Monday. There will be a Jefferson -Port Townsend Response Emergency Preparation (JPREP) All- County Picnic on August 17, 2014. Miscellaneous Items • Treasurer nominations. • Tala Shore No Shooting Zone Area. Page 6 Commissioners Meeting Minutes of May 12, 2014 K' • Geoduck harvest and Shoreline Master Program (SMP); there remains a question of whether there was a US Army Corps of Engineers permit issued before the SMP update was in effect, to vest to old SMP (and no County permit). County Administrator Morley will follow up with the Department of Community Development (DCD). • Marijuana Grow /Process regulations. • WSAC's Fiscal Sustainability work. • WSAC Timber Counties heard a presentation by the American Lands Council advocating to give United States Forest Service (USFS) and Bureau of Land Management lands back to the states, but did not move to support it. NOTICE OFADJOURNMENT. Commissioner Sullivan moved to adjourn the meeting at 2:58 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Johnson seconded the motion. The motion carried. JEFFERSON COUNTY BOARD OF COMMIS ION RS SEAL: (Excused absenc John A stin, Chair ATTEST: Phil Johns em er Carolyn Ave Deputy Clerk of the Board Page 7