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HomeMy WebLinkAbout031615_cbs01o LO I N G`t�� District No. I 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 DRAFT it MINUTES Week of December 8, 2014 Chairman John Austin called the meeting to order at the appointed time in the presence of Commissioner Phil Johnson and Commissioner David Sullivan. PUBLIC COMMENT PERIOD: The following is a summary of comments made by citizens in attendance at the meeting and reflect their personal opinions: • The Mayor of Port Townsend expressed gratitude for the County's decision to repair the roof on Memorial Field; • A citizen thanked the Board of County Commissioners (BOCC) for making repairs to the Memorial Field roof -, and • A citizen stated the proposed Animal Responsibility Code is unnecessary and explained why. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Chairman Austin moved to delete Item No. 8 regarding a Letter Extending the Comprehensive Plan Update Deadline, and approve the remaining items as presented. Commissioner Johnson seconded the motion which carried by a unanimous vote. 1. AGREEMENT, Amendment No. 3 re: 2015 -2016 Auditing Services; In the Amount of $5,000; Jefferson County Auditor; Jefferson County Rural Library 2. AGREEMENT re: Design and Engineering Services, Rick Tollefson Memorial Trail Phase One, County Project No. 1801815; In the Amount of $50,760.20; Jefferson County Public Works; Legacy2012, LLC, dba Nakano Associates 3. AGREEMENT NO. 13 -1221C re: Duckabush Floodplain Acquisition; In the Amount of $329,309; Jefferson County Public Health/Environmental Health; Washington State Recreation and Conservation Office, Salmon Recovery Funding Board (SRFB) 4. AGREEMENT re: Washington Conservation Corps Members to Perform Restoration, In- Stream and Habitat Maintenance Projects; In the Amount of $12,450; Jefferson County Public Health/Environmental Health; North Olympic Salmon Coalition 5. AGREEMENT NO. HBE- 075 -05, Amendment No. 2 re: In- Person Assister Services for Washington Health Benefit Exchange; Additional Amount of $800.30 For a Total of $13,604.65, Not to Exceed $14,404.95; Jefferson County Public Health; CHOICE Regional Health Network 6. AGREEMENT, Memorandum of Understanding (MOU) re: Medicaid Administrative Claiming; In the Amount of Fee for Services; Jefferson County Public Health; Washington State Association of Local Public Health Officials (WSALPHO) Page 1 Commissioners Meeting Minutes of December 8, 2014 R] Final Short Plat Approval re: ORCA Short Plat, Pederson Short Subdivision SUB 12- 00012/MLA12- 00162; To Divide 7.48 Acres into Two (2) Residential Parcels; Kirie, Celia and Lisa Pedersen, Applicants (DELETED) Letter Extending the Comprehensive Plan Update Deadline re: Two (2) Year Extension to Adopt an Updated Growth Management Act (GMA) Comprehensive Plan; Deadline is June 30, 2018; Washington State Department of Commerce, Growth Management Services (Approved later in Minutes) 9. Advisory Board Resignation re: Jefferson County Marine Resources Committee (MRC); Environmental /Conservation Representative Alternate, Jill Silver 10. Two (2) Advisory Board Reappointments re: Jefferson County Conservation Futures Citizen Oversight Committee; 1) Four (4) Year Term Expiring December 8, 2018; Jefferson Land Trust Representative, Sarah Spaeth; and 2) Four (4) Year Term Expiring December 8, 2018; District No. 3- Citizen Representative, Elijah Christian 11. Payment of Jefferson County VouchersfWarrants Dated December 2, 2014 Totaling $1,115.48 ConsentAgenda Item No. 8 Letter Extending the Comprehensive Plan Update Deadline: Chairman Austin moved to approve the letter with a correction to the signature line. Where it reads "President of the Board of County Commissioners" it should read "Chairman of the Board of County Commissioners." Commissioner Sullivan seconded the motion which carried by a unanimous vote. COMMISSIONERS BRIEFING SESSION. • The Commissioners each provided updates on the following items: Chairman Austin Attended a Drug Court graduation ceremony last week where Prosecutor Scott Rosekrans received appreciation for his work on that program. Attended an Olympic Consortium Board meeting last week. Congressman Derek Kilmer was in attendance and stated he supports economy on the Peninsula. Will be attending a JeffCOM 911 meeting and Tourism Coordinating Council meeting this week. Commissioner Johnson - Attended a Marine Resources Committee meeting last week where Clallam County Commissioner Mike Doherty received an environmental award. - Announced that the Washington State Auditor's Office concluded its audit on Jefferson County and we received no findings and 3 recommendations. Commissioner Sullivan - Attended a Resource Conservation and Development (RC &D) meeting. RC &D joined the Peninsula Development District (PDD). - Attended local craft fairs and toured the Brinnon Food Bank last weekend. - Noted a correction to his calendar: This week he will be attending a Traffic Advisory Committee (TAC) meeting and not a Tourism Coordinating Council (TCC) meeting as posted. Page 2 Commissioners Meeting Minutes of December 8, 2014 ° DELIBERATION re: October 6, 2014 Public Hearing on Ordinance No. 07- 0811 -14 Marijuana Moratorium: Department of Community Development (DCD) Director Carl Smith and County Administrator Philip Morley were present for the deliberations. County Administrator Morley stated that the purpose of the deliberation is to acknowledge for the record that ample opportunity has been given to the Board of County Commissioners (BOCC) to review the comments made in regard to the marijuana moratorium. County Administrator Morley noted that they are not recommending any formal action, and no formal action is necessary. DCD Director Smith stated that by concluding deliberations, it does not affect future decisions. Commissioner Sullivan moved to conclude deliberations on the public testimony from the public hearing held on October 6, 2014. Commissioner Johnson seconded the motion. He added that although he was not present at the initial hearing, he has had time to review the audio and comments from the hearing. All three Commissioners reviewed the written commentsreceived as well. Chairman Austin called for a vote on the motion which passed unanimously. DELIBERATION re: Adoption of 2015 Jefferson County Budget: County Administrator Philip Morley and Budget Consultant Anne Sears were present for the meeting. It was noted that there are a couple minor changes from last week's 2015 Jefferson County Budget presentation. The Prosecutor's Office will not be receiving D.A.R.T. grant funding this year and the County Fair is changing to a County department, so it has been added to this year's budget. Ms. Sears stated that the budget for 2015 is very stable and she believes this is due to the Board of County Commissioners (BOCC) taking action 5 years ago to assist the budget. Because of good decision making, we are able to have a balanced budget. There are no anticipated cuts this year. County Administrator Morley pointed out that there are two resolutions before the Board for consideration. Commissioner Johnson moved to approve RESOLUTION NO. 58 -14 Adopting the 2015 Budget for the General Fund and Other Funds, and the 2015 Jefferson County Road Construction Program and 2015 County Capital Improvement Program. Commissioner Sullivan seconded the motion. He noted that the graph on the 2015 Budget shows how the County has spent Prop 1 funds and that the County has held up it's promise to fund things that they said they would. Chairman Austin called for a vote on the motion which passed unanimously. Commissioner Sullivan moved to approve RESOLUTION NO. 59 -14 Adopting a Salary Schedule for the FLSA and Union Exempt Management and Professional Employees for 2015. Commissioner Johnson seconded the motion which carried by a unanimous vote. The meeting was recessed at 936 a.m. and reconvened at 10:01 a.m. with all three Commissioners present. Page 3 Commissioners Meeting Minutes of December 8, 2014 HEARING re: Animal Responsibility Ordinance: County Administrator Morley stated that the proposed Animal Responsibility Ordinance is still a work in progress. He recommended that the Commissioners not take action today so they have a chance to deliberate on the written record and possibly direct staff for future refinements. The proposed ordinance would repeal in entirety, the existing County Code Chapter 6.05 pertaining to animal responsibility and replace it. County Administrator Morley noted that the Animal Control Officer, Sheriffs Office and JeffCOM 911 receive calls regarding animals on a regular basis. The current section of the County Code regarding barking and howling dogs is not enforceable as drafted. The ordinance was proposed to help resolve neighbor issues. He added that over time, the administration of animal shelter and licensing has evolved. Currently, the County has a contract with the Humane Society to be the operator of the Animal Shelter. They conduct animal licensing and kennel licensing. There has been a change between City and County regarding animal control. Refinement to kennel licensing provisions, establishing some specific standards for the design and operation of a kennel shelter and animal welfare facilities has been addressed. A technical tune -up of the remainder of the code has also been done. Details have been cleaned up and revised. Copies of the proposed changes were distributed to members of the audience. Chairman Austin opened the hearing for public testimony. Larry Crockett: He stated he got an email from his wife who is in Moscow, Russia who told him that he had better testify. She has already replied through public comments. The ordinance is very arbitrary and totally unenforceable as written. There are others in the room that can testify they are strong supporters of the local Animal Shelter. Up until recently, we had four rescue dogs in our house, we have three now. One has passed away. We have been doing this for many many years. We also have a couple cats, so suddenly I'm illegal. We are not a kennel, we are a house. The dogs sleep where you would expect, in front of the hearth, next to a bed. We have no metal cages, kennels or anything like that. We are not commercial. We just take care of animals. He stated that he doesn't know where the arbitrary number of five dogs and or cats came from. Thank you. Joe Nole: He stated he is the Undersheriff of the Jefferson County Sheriffs Office. He reviewed the proposed ordinance and in his opinion, the ordinance brings us closer to having a more objective and fair way to deal with animal control issues from the Sheriffs Office standpoint, so he supports it. Andrew Johnston, Jefferson County: He stated that he has been told that he is the only licensed breeder of livestock guardian dogs in the County. That's one place that isn't affected, with some exceptions. A lot of those rules for commercial kennels are written for people who are running commercial businesses. They are different than having dogs out in the fields with livestock. Exceptions were made. He stated it is not clear to him if the County is now intending to throw all that out? When the County says "replace that whole section," he isn't sure which section. There have been exemptions that were granted in the past, but he is not really sure what is driving this. He has heard the explanation, but it seems like there is a lot more to it. Being the only guy in the County raising these types of dogs, it is concerning to him. Another thing that got his attention was that there was no distinction made for how much space the animals have. It's "X" amount boundaries, period. Whether you are on an eighth of an acre in Hadlock or you're on 40 acres in the country and the animals are spread out. It makes a difference as far as your Page 4 Commissioners Meeting Minutes of December 8, 2014 neighbors are concerned. If you've got 10 dogs close to a bunch of p1me, or°i`f ydv"YJ god them spread out, it makes a difference. If you've got them in zones 1 to 20, it can be very different, but there doesn't seem to be any distinctions being made for the density of the animals on a given property or within the zoning. That does not make a lot of sense. I'm sure there's a reason behind that. He stated that someone with 40 acres would have to be treated the same. Well it's not the same to the neighbors. He stated he was not prepared to speak, but that he had sent his written comment to the Commissioners beforehand. It is not clear to him what is being changed. He stated that in one of the drafts of the ordinance, it looked like "Sheriff s" was eliminated. If that is the case, who will be doing inspections then? If it is the volunteers at the animal shelter, he has an issue with that. Chairman John Austin asked Mr. Johnson what he raises? Mr. Johnston replied he raises livestock guardian dogs. Heidi Brewig: She stated she has a couple concerns and is happy the Board is addressing this issue in the County. She worked on the original animal ordinance, probably 25 years ago and is glad it is being readdressed. She has a few issues concerning the wording of the ordinance. A lot of work had been done on definitions, but they still need some rework. She lives in Port Ludlow with a great trail system and walks her dog off leash. The ordinance defines "running at large on public property," but the wording was changed from "walking a dog under control" to "walking on a leash or under control by a competent person." She would like to know who would make that judgment call as to whether or not someone is competent. That is something that needs to be addressed. It could jam the courts up, because a judge would have to decide if someone is competent or not. These ordinances put a lot of pressure on the County's Animal Control Officer. He is going to have to make a lot of judgment calls on defining things that are outlined in the ordinance. She pointed out that some of the definitions should be re- looked at to make it easier for a Control Officer. If some of these judgment calls need to be made by the Animal Shelter, they may not be qualified to deal with all the aspects of this ordinance. Tom Thiersch: He stated he had a couple suggestions for the Board. It is interesting that a lot of this came about because of the absence of one word in the existing County ordinance which is "unreasonable." The ordinance used to, contain that word. The definition of hybrid should be looked at. It is entirely too broad. He is sure that was not the intent, but right now it includes things like mules, ligers and any other cross species. He is sure that the intent pertained to mostly dogs. He addressed the issue of license requirement for dogs. If a person doesn't license their dog for a number of years, and then that dog gets impounded and the owner goes to redeem that animal, the only thing they have to pay is a redemption fee. They don't have to pay for those years where they didn't pay their license fee. They only have to pay for the current license fee year. That means that they are basically being allowed to get away with ignoring the law. They ignore the law for however many years they owned that dogs with no license. He does not think that is appropriate. They should be forced to pay the license fee when picking up their animal. Either a license is or is not required. To him, "required" means you have to pay for it, period. Let's not be ambiguous. In Section 440, 450 and 460 it talks about infractions. Under Section 450, the way that the process is described, why all the special rules regarding infractions? It seems redundant. Page 5 Commissioners Meeting Minutes of December 8, 2014 Joe D'Amico: He stated he had several concerns when looking at this ordinance. It reminds him of the roundabout in Port Townsend, which resulted in unintended consequences. This ordinance will be put on the Sheriffs Department. The noise ordinance affects people concerned about pickle ball court issues. The same thing will happen with dogs. As soon as a dog goes across the street, the Sheriff's Department gets a call and the County gets billed $28. Deputies get dispatched when the Animal Control Officer is on vacation. He can see this as being very expensive for the County. He handed out a document. On Page 10 of that document, it outlines an exemption for law enforcement canine dogs. For a law enforcement dog in a kennel in Port Ludlow, how will he be treated? Another exemption should be for guide dogs, which are talked briefly about on Page 10. He suggested that the term "armored car service" be changed to "licensed private security firm." He stated that the handout shows that his company, Security Services Northwest, is licensed with the State Department of Health and is allowed to store narcotics and have drug dogs. Chief Criminal Deputy Prosecuting Attorney David Alvarez asked what section Mr. D'Amico was looking at? Mr. D'Amico replied that he is referring to Page 10, Section 6.07.110. He is not sure why the topic is underneath that section, it talks about entering food establishments too. He stated it could be a misprint. He re- stated that "licensed private security firm" should replace "armored car." If you say "licensed" than not just anybody can claim they are private security so their dog could be exempt. He is concerned about items on Page 8 affecting the character of Section 6.07.050; Running at large on public property. He believes this section is the result of people coming from Bellevue, who have all these laws. They come here and go camping, and go throw their stick out in the water in Fort Worden and let their dog fetch it. The ordinance would prevent throwing sticks in water for your dog to fetch. This really needs to be looked at. Where does public property start? If you throw your stick into the water, even though you own property at Adelma Beach, Washington State Department of Natural Resources (DNR) owns the water. He believes this issue needs to be looked at. Debbie Rennick: She stated she lives in the Bridgehaven area. One of their issues in that neighborhood is the howling and barking of dogs. She is happy to see that this ordinance is coming back and something can be done about it, other than the neighbors arguing about nothing happening with the dogs that are causing problems. They have six neighbors and one dog that is causing a problem. They called recently about it and were told that the County couldn't do anything for them because there was no ordinance in place. She supports 6.07.090 regarding howling and barking and believes it is well written. It is understandable and probably quite enforceable. Amy Rose Dubin_ She stated that she is particularly concerned with Section 6.07.090 pertaining to livestock guardian dogs. She does not see how it can be measured when a dog is barking, particularly a livestock guardian dog. She does not know how it can be determined that a dog is "actively defending a herd." It is arbitrary based and vague. Livestock guardian dogs should be treated differently than domesticated dogs. She stated she sent a link to the Board previously regarding livestock guardian dogs in many other states and also other counties in Washington State. They are there for a job. If they are barking, it is for a reason, and that is to protect the herd. She stated that her dog has barked to protect their herd and since they no longer have that dog, they have had attacks. She believes they would not have attacks, had they had a barking livestock guardian dog. Their livestock is their livelihood and family business. They have seen cougars, bobcats and they are a risk. She urged the Board to consider Page 6 Commissioners Meeting Minutes of December 8, 2014 DCJ treating the livestock guardian dogs separately and there would be some real accountab Iityd a way to measure how long the dog is barking. The dogs are trained to sound off the alarm, that is what they do. They don't just bark for a little bit. Francis Rosney: She stated she supports the Humane Society and all the folks that work with them. She just recently had to seek services from the Humane Society. They are to be commended for not only the way they manage the operation, but for their compassion. With all the changes that are proposed, she hopes that they maintain the support of the community and enforcement support. She thanked everyone and gave kudos to the Humane Society. Paul Becker: He stated that he is a member of the Humane Society. He commended County Administrator Philip Morley and his team for addressing a very difficult ordinance. The proposed ordinance will provide significant improvement in the Code for the protection of dogs in the County. It will also provide a significant amount of recourse for people who find that owners of dogs are mistreating their dogs or allowing them to do things that they shouldn't be doing. This is a very difficult subject and he believes it has been addressed very well. Hearing no further testimony, Chairman Austin closed the public hearing. Undersheriff Joe Nole thanked everyone for attending the hearing. It is important for the public to attend hearings and voice their opinion. Commissioner Johnson stated that he questions the title of the Animal Responsibility ordinance. He thanked everyone for bringing their concerns regarding the proposed ordinance. Commissioner Sullivan stated this is about animal owner responsibility. He looks forward to suggestions and verbiage changes. He added that this is something that is geared towards a small number of people who are not working things out with their neighbors. Most people can work things out, but we do not always have incidences where they can be worked out. Commissioner Sullivan stated they have been receiving complaints throughout the County by neighbors of animal owners. Since this issue is not one that can be addressed by the Planning Commission, this can be a back and forth type of thing. Commissioner Sullivan moved to extend the deadline for submitting written comments on the Animal Responsibility Ordinance to December 31, 2014 at 4:30 p.m. Commissioner Johnson seconded the motion which carried by a unanimous vote. Chief Criminal Deputy Prosecuting Attorney David Alvarez stated that Commissioner Elect Kathleen Kler will need to review the testimony and make a decision in 2015. County Administrator Morley clarified other comments raised in regard to guardian dogs, barking and howling dog exemptions, "competent" persons, license fees and back fees for animal owners with limited means, and rabies vaccinations. The meeting was recessed at 10:45 a.m. and reconvened at 11:00 a.m. with all three Commissioners present. Page 7 Commissioners Meeting Minutes of December 8, 2014 K HEARING re: Two Alternative Ordinances for Expanding the South Coyle Peninsula No Shooting Area: County Administrator Philip Morley stated there is a question on whether or not to expand the existing South Coyle no shoot zone. This came before the County in the form of a petition in 2013. Subsequently, the Auditor's Office, which certifies petitions to see if they meet certain criteria, found that there was not the required number of registered voters to move forward. Under the authority of the Board of County Commissioners (BOCC), the Board brought forward another alternative. County Administrator Morley reviewed two large displays at the hearing. One depicted a map of the original petition's proposed no shoot expansion. Another display showed a map of the County's proposed no shoot expansion area. The main difference between the two proposed extension areas is the section of land owned by the Department of Natural Resources (DNR). In the County's proposal, DNR lands are exempt, but a 200 foot buffer along Zelatched Point Road and Coyle Road would be kept to protect cars and others along the roadway. The two proposed ordinances are basically the same, but the map and legal descriptions are different. He added that under state law, which allows for no shoot areas, and under County Code, there is a requirement for the BOCC to make a finding through the hearing process and based on records, that there does in fact constitute a safety concern in the area that is being considered. In that regard, with the assistance of Undersheriff Joe Nole, a records search was done to see if there have been any complaints in the area in question. In the past five years, there have been no complaints. He added, however, that there are some individuals present that may be able to shed a different light on that history. As laid out in County Code, the County actively solicited input from nearby Treaty Tribes. The County contacted local tribes who were the signatories to the Point No Point Treaty and the Point Elliot Treaty, both from the 1800's. County Administrator Morley noted that comments were received from some of the tribes. Port Gamble S'Klallam Tribe referenced they prefer there be no further expansion of the no shooting areas. If there needed to be an area sectioned off for public safety, they stated they could understand that, but that DNR lands be kept open and available for shooting. Chairman Austin opened the hearing for public testimony. Dennis Schmidt: He thanked the Commissioners for carrying out this process, allowing residents to voice their concerns of safety and their wishes in that area. He has followed this process and was the person that gathered the petition signatures. He provided 25 signatures on the first application. 20 are required by the process. The County came back and requested specific signatures of which he fulfilled seven of the ten requested signatures. Some people in the family were concerned or had fear about signing this type of petition. He knows that the Board will consider the request of the people that live in this area. He stated that those that live in the area are looking at their safety. Zelatched Point runs from the very bottom corner of the map all the way to the Navy base. They call this area "Zelatched Mile." People walk, ride bikes and jog throughout the year. This is a year round activity. It is a pleasant walk for people to take. He stated that people who signed the second petition, are people who live close to this area and are in support of the proposed expanded no shoot area. The establishment of a no shoot in this area will also increase the ability to enforce the no shoot zone. Hunters gather on Zelatched Road, which is the road commonly walked on, and they leave behind a lot of debris. There is concern by people who are riding or walking, that they may be in the hunter's line of shot. The animals are coming across the road from the shoot zone, into the no shoot zone, which is cause for concern. People would like to have protection from that. Page 8 Commissioners Meeting Minutes of December 8, 2014 Ms. Schmidt: She stated that while there may not be many complaints about shooting in that area, they are concerned about the abuses that happen in regards to the shooting activity in that area. The concern mostly comes from hunters who hunt along the road. They are at the road with their firearms, and they are flushing deer across the road. She made a 9 -1 -1 call the previous year. She stated that she called because she was riding her horse back home in the evening, along Zelatched Road and after the sun had gone down. Her two dogs were with her and she saw a man in a tree stand. She made the comment to him "Isn't it sundown ?" The man accused her of harassing him and began to verbally threaten her. He told her not to leave, that he was coming down out of the tree. She was not so much as frightened, but she was angry. She does not scare easily, but she thought of the many people that use that road, and had he cussed at others in the manner at which he cussed at her, it would have been extremely detrimental to them. Although that is not a recurring concern, it is a concern. Another concern is regarding parking. The hunters do not park across the road. If citizens that try to gather information to report a violation, it is viewed as harassment and they come under threats. She cannot stop all that. She is concerned that people in South Coyle believe that law enforcement will not do anything to back them up. When she called 9 -1 -1, two police cars came to her aid and she is very proud of our law enforcement. She wants the Coyle community to know that everyone should report offenses. We should not be intimidated by those who threaten. There are many from her area that would not attend the hearing today, because they are intimidated. George Greenwood: He stated he lives on the Coyle Peninsula. He does not believe this should be a shooting or non - shooting issue. It is a property rights issue. He would never consider telling the Schmidts, who are very nice people, what they could or could not do on their own property. At the same token, he expects them not to tell him what to do on his property. If he wants to go to the top of his road and shoot tin cans, that should be his business. He is the one who pays the taxes on his property. If they want to have horses on their property, that's none of his business. Law enforcement has gone back to look at the records and reported that there were no incidents of any person or livestock being shot. This is a non - issue. There is nothing to tackle. He talked to the Schmidts yesterday and believes they are very nice people. They don't like hunting. They don't like shooting. They don't really live in a no shoot zone. He does not believe that expanding a no shoot zone is going to make a difference. He believes the proposed expansion is an attempt at resolving a problem that is not there. He urged the Board to reject any expansion of a no shooting zone and not consider any alternative. It is high time we start repealing the existing no shoot zone. If people are violating the law, that is up to the Sheriffs Office or Fish and Game to deal with, not imposing a no shoot zone. A few years ago there were a rash of burglaries in and around the Coyle, most of the targets being summer homes. The community held a meeting and at that meeting, a good friend of his suggested expanding the no shoot zone. He asked his friend how that would address the issue of burglaries? His friend replied that it wouldn't. He then asked why expand the no shoot zone? His friend replied with "Why not ?" He believes the proposed expansion is a mistake and thinks there must be another way to appease the residents who are concerned, rather than imposing a draconian move on the whole community. Mr. Fulton: Decided not to speak. Beckar Nowicki: She stated she supports the extension of the no shoot zone for a variety of reasons. She does not dislike hunting and she loves game meat, but she has lived on the peninsula since 2006 and has been coming to the area since 2002, and she has noted that the area has changed. It is not what it was when she first starting coming to the area. There are a lot more permanent people and children who now live in the area. There is also a number of older folks who have remained out there. Zelatched Mile is the only place for people to walk. They have teenage foster children. Last year one of their foster children Page 9 �k [ :'P AU Commissioners Meeting Minutes of December 8, 2014 { ` ^4 0� A � r was training for cross country and he came into contact with hunters. They often have foster children who run into hunters while they are on horseback. She has talked to past Sheriff Tony Hernandez about this in the past. The hunters are walking on Zelatched Point Road in fatigues with flip flops on. This indicates to her that the hunters have no intention whatsoever of going into the underbrush to hunt anything. The area along Zelatched Point Road needs to be protected, not so much for the hunters, but for the beer cans and garbage that is discarded in the street. People use that area. Mark Stratton: He stated he lives on the Coyle and he does not have any problem with people hunting. His concern is where the bullet goes when it's shot and how far it travels. He drives the Coyle Road two to three times a day. During hunting season, the hunters used to pull into a parking spot and go into the woods. Now they are parking on Coyle Road and just walk up and down the road carrying their guns. If they want to shoot, they should go into wherever it is they are going to shoot. He does not know if 200 feet is enough to stop a bullet from hitting someone on the road. He is concerned where the bullet will go and it bothers him that people are walking up and down the road with their guns. Joe Nole: He stated he is the Undersheriff of the Jefferson County Sheriff's Office. He thanked everyone for coming in and making their opinions heard and stated that is what government is all about. He clarified that when he was asked by County Administrator Philip Morley to check the stats, he was only concentrating on gun shots, noise complaints and stray bullets. In those categories, there was nothing found in the last five years. Jacob Holton: He stated he lives in Port Ludlow, but that he grew up on the Coyle. He walked and road his bike down the main road of that area. He has never had any issues with hunting, shooting or anyone being cross. He does not recall anyone having issues with anyone else in that area. He does not understand why people are saying there is garbage along the road. He still visits the area every week and he has not had any kind of issue. As far as hunting, if they close it to shooting, there is still archery available in that area. It is illegal to shoot on or from or across any roadway. If there are people shooting across the roadway, from or on the roadway, he does not believe that establishing a no shooting zone will stop them. It doesn't make sense. Mason Crowell: He stated he just bought 40 acres on the Coyle. He does not understand the expansion, he opposes it. It will not help anything. As another commentator stated, shooting from the roadway is already illegal to do. Establishing a no shooting zone is not going to change anything. If people are already doing what they are worried about, they are already breaking the law. He feels this is a waste of government resources. Dan Toepper: He asked for clarification on the 200 foot buffer. On the eastern and western portions of the proposed buffer, is that Washington State Department of Natural Resources' (DNR) property? County Administrator Morley replied yes. Mr. Toepper asked how it was that the County could enact a 200 foot zone above the property like that? Signage would be misleading to the public as to an inaccessible area to hunt. Where does the guidance come from the State to put that 200 foot buffer around there? To him, it looks like it would be deceptive to people who may not give due diligence and research. On a piece people may know is public property, they may not be aware of what is accessible and what is part of the no shooting zone. He suggested clarification on that to avoid possible litigation issues in the future. Trying to post signs where you are not able to post, seems like an issue on two sections of the proposed buffer. Page 10 Commissioners Meeting Minutes of December 8, 2014 Joe D'Amico: He stated he is from Jefferson County and is also representing Security Services Northwest (SSNW). He considers himself a subject matter expert when it comes to gun ranges and shooting and velocity of guns. He basically agrees with the tribe on not wishing to see an expansion of the no shooting zone. The County is wishing to deviate from the ordinance, and that is concerning to him. The ordinance states you have to have so many registered voter signatures, and the Board is deviating from that. It makes him a little nervous. He stated the Board is also setting a precedence to other areas in the County. His other concern is regarding the DNR property that would be left open for hunters. The state says "Where there is a reasonable likelihood that humans, domestic animals, or property be jeopardized..." You have to really look at that. There are already laws on the books regarding people shooting over highways, or endangering people or property. He believes the Sheriff's Department is doing a find job of responding to those concerns. A lot of people get nervous, but Washington is an open carry state. This means that he can walk right downtown Port Townsend, with a gun exposed, or a gun over his shoulder if he wanted to. A lot of people think that because people are carrying guns, they may not intimidate you, but if that person is not demonstrating or pointing that rifle at somebody, they can take that up with the Sheriff s Department if they don't like it. When he looks at the maps of the proposed expansion areas, he sees high density and some areas that are one acre parcels. He is not sure if that is something that needs to be revamped down the road. When he looks at the map he wonders if the Jefferson County Sportsman's Club would fit in that area? Where the club is located, they are allowed to shoot there. The people who bought property on the Coyle, who may want to have a shooting area, will they be able to shoot? Tom Thiersch: He stated that he does not care one way or the other if the no shoot zone is expanded, but he is concerned about the alternatives that are presented. The 200 foot buffer, how will that be signed so people actually know what the boundary is? This issue came up and was discussed by the Planning Commission years ago when no shooting zones were being debated. There is a whole issue of properly designating an area in terms of meets and bounds. That appears to be addressed in the draft ordinance. Posting so that people know where the area starts and stops is problematic. It is also potentially expensive. If you've got dense and forested areas, it's pretty hard to find where those signs are unless you post them very close to one another. He stated that people tend to tear signs down too which becomes a maintenance issue. When the signage isn't visible, you have an enforcement issue because a person would have a reasonable excuse to say they didn't see anything posted. He believes this issue may lead to law enforcement time being wasted. The 200 foot alternative is not a good idea. He proposed an Alternative 3 which would be the same as the DNR lands being a shoot zone, but with the exclusion of the 200 foot buffer. It would be more enforceable and less expensive to put in place. Hearing no further testimony, Chairman Austin closed the public hearing. County Administrator Morley thanked everyone for their comments. He explained that as the Commissioners deliberate their choices are to either: 1) not adopt any new ordinance and leave the existing South Coyle No Shoot Area as it stands; 2) Adopt one of the two alternatives as presented; or 3) Direct staff to prepare a different alternative with the input of staff and citizen suggestions. Commissioner Johnson thanked everyone for their testimony and stated it is a difficult situation for him. He finds it difficult to understand people moving to a remote wooded area and building a house there, then asking people not to hunt in that area. He noted that he understands the concerns and is torn on this decision. The 200 foot buffer does not make a great deal of difference overall. When he hears there has not been any complaints in five years, and after reading all of the testimony, he finds himself very supportive of the hunters. He added that the County is also overrun by deer. Page I1 Commissioners Meeting Minutes of December 8, 2014 4r' crr Commissioner Sullivan stated that the County has been asked to subdivide land in the past and this affects property owners. Common sense would dictate that you shouldn't shoot near neighborhoods, but that is not always the case. He pointed out that due to zoning issues, people have lost a lot of hunting area and not realized it until much later. People are not just hunting using archery or shotguns and he stated he is concerned with bullet travel distance. Although there may be difficulties with signage on DNR lands, it provides a good compromise with the 200 foot buffer. Commissioner Sullivan moved to adopt ORDINANCE NO. 12- 1208 -14 In the Matter of Expanding the South Coyle Peninsula No Shooting Area as outlined in Alternative 1. Commissioner Johnson seconded the motion for further discussion. Commissioner Johnson stated it is a compromise. He asked about the tribe's response. County Administrator Morley stated that in the tribe's written response, they are opposed to the expansion of a no shoot area. He read an excerpt from a written comment received by the Port Gamble S'Klallam Tribe which states: "Port Gamble S'Klallam Tribe is sensitive to issues ofpublic safety and protection ofproperty regarding the discharge offrrearms in areas of increasing population density and acknowledges the need to protect humans, domestic animals and private property. ...These lands have all been important hunting areas for the Port Gamble S'Klallam Tribal members prior to the increases in population densities and creation of no shooting areas. Of particular concern to the tribe, is the designation of DNR tracts as No Shooting Zones. The tribe considers the designation of these open and unclaimed lands as No Shooting Zones, as an imposition of the Tribe's Treaty Right to hunt on all Open and Unclaimed Lands... " County Administrator Morley explained that the tribe opposes inclusion of the DNR lands within an expanded no shooting zone, however, the letter does not address the buffer. The buffer was not noted in the email, but in speaking with the tribe's representative by telephone, it was indicated that the buffer would be acceptable, as a matter of safety. Commissioner Johnson stated that he understands and feels for residents of the area. He withdrew his second on the motion. Chairman Austin seconded the motion. He stated that hunting is a legitimate right, covered by the Bill of Rights, but we need to be sensitive to the requests of citizens for their own concerns of safety. Sheriff calls are not required to validate their concerns or peace of mind. Chairman Austin indicated that Commissioners can initiate a No Shoot Zone without having a complete gathering of signatures. There may be a complication with signage regarding the 200 foot buffer of Zelatched Point Road and Coyle Road, but he does not believe that it is an impossible task. Commissioner Sullivan stated that as referenced in the ordinance, there are exemptions that cover people's right to protect themselves. Chairman Austin noted that public testimony is closed and called for a vote on the motion. Commissioner Sullivan and Chairman Austin voted in favor of the motion. Commissioner Johnson voted against the motion. The motion passed. The meeting was recessed at 11:47 a.m. and reconvened at 1:34 p.m. with all three Commissioners present. Page 12 Commissioners Meeting Minutes of December 8 2014 .. COUNTYADMINISTRA TOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Miscellaneous Items: • Noise Ordinance continued deliberation. Staff will attempt to bring a revised draft to the December 15, 2014 County Administrator Briefing Session (CAB). Staff is still researching what status the ordinance needs to have as to Board of County Commissioner (BOCC) action before sending it to the Washington State Department of Ecology (DOE). • Hargrove Fund: Discussed the November 26, 2014 letter from Judge Harper and Judge Landes, and the December 2, 2014 meeting with the judges and Juvenile Services Director Barbara Carr. • Secure Rural Schools (SRS) reauthorization. Chairman Austin will call Jim McIntyre. • Payment in Lieu of Taxes (PILT) partial (1 /5`b) funding. • Jefferson County representative and Co -Chair to the E rep (& co- chair) to the Ecosystem Recovery Network (ERN). Puget Sound Partnership (PSP) Leadership Council - Ecosystem Coordination Board (made up of all the Local Integrating Organizations (LIOs). ERN is the LIO for the Strait of Juan de Fuca. Jefferson County BOCC appointment will wait until Kathleen Kler is takes office. Commissioner Johnson is tentatively interested in serving. • Next Regional Support Network (RSN) and Olympic Consortium Board meeting is February 20 2015. Jim McIntyre, Charlotte Garrido, Liz Muller (Jamestown Tribe). Olympic Consortium Board (OCB) will fund one Commissioner from each county to attend 2015 National Association of Counties (NACO) Conference in Washington, DC. • December 10, 2014 at 6:30 p.m. there will be a meeting of the Brinnon Parks and Recreation District. Joy Baisch attending. • Capital program and Courthouse security. • Process for late written testimony for public hearing record. Staff will report back with a recommendation for handling written testimony that is delivered to the office up to the end of the public hearing. Calendar Coordination: • Commissioner Sullivan will be attending a City Council meeting regarding the Transit rezone on December 8, 2014. • Commissioner Johnson will be attending a Hood Canal Coordinating Council (HCCC) meeting on December 10, 2014. • Commissioner Sullivan will be attending a Social and Economic Development Strategies (SEDS) meeting on December 10, 2014. • Chairman Austin and County Administrator Morley will be attending a JeffCOM meeting on December 11, 2014. • Chairman Austin and Commissioner Sullivan will be attending a Jefferson Transit Board meeting on December 16, 2014. • There will be a Board of Health meeting on December 18, 2014. • The BOCC will only hold a morning session. There will be a recognition and farewell party for Chairman John Austin on December 22, 2014 at 1:30 p.m. in the Commissioner's Chambers. • The Jefferson County Courthouse and County facilities will be closed on December 25, 2014 in observance of Christmas. • The Swearing in of Elected officials will be held on January 2, 2014 at 9:00 a.m. Page 13 Commissioners Meeting Minutes of December 8, 2014 & NOTICE OFADJOURNMENT. Commissioner Johnson moved to adjourn the meeting at 2:44 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Sullivan seconded the motion which carried by a unanimous vote. SEAL: ATTEST: JEFFERSON COUNTY BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member Carolyn Avery David Sullivan, Member Deputy Clerk of the Board Page 14 4g ON y l I �INO District No. I Commissioner: Phil Johnson District No. 2 Commissioner: David W. Sullivan District No. 3 Commissioner: John Austin County Administrator: Philip Morley DRAFT Clerk of the Board: Erin Lundgren if MINUTES Emergency Meeting (per RCW 42.30.070) December 11. 2014 Chairman John Austin called the meeting to order at 9:40 a.m. in the presence of Commissioner Phil Johnson. Commissioner David Sullivan was absent. DISCUSSIONAND ACTION re: Declaration of Emergency Flooding/Wind Damage: There have been a series of storms resulting in multiple high river flows and damaging wind events causing significant damage to homes, property, public roads and infrastructures in Jefferson County. Analysis from the County's Department of Emergency Management and Public Works staff indicate that persons and property are, or may be, threatened or damaged and access to property may be impaired unless emergency efforts are taken to reduce the threat to life and property. Commissioner Johnson moved to approve RESOLUTION NO. 60 -14 re: Declaration of Emergency due to Flooding /Wind Damage. Chairman Austin seconded the motion. The motion carried. The meeting was adjourned by Chairman Austin at 9:41 a.m. SEAL: ATTEST: Carolyn Avery Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member (Excused absence) David Sullivan, Member Page 1 v rW / 1 �IN�� District No. 1 Commissioner: Phil Johns DRAFT District No. 2 Commissioner: David W. Su _ District No. 3 Commissioner: John Austin County Administrator: Philip Morley Clerk of the Board: Erin Lundgren MINUTES Week of December 15, 2014 Chairman John Austin called the meeting to order at the appointed time in the presence of Commissioner Phil Johnson and Commissioner David Sullivan. 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 notified the Board of County Commissioners (BOCC) that a permit had been submitted to the Department of Community Development (DCD) in August, 2014 and they have not made progress on it; • A citizen provided information about earthquakes; • A citizen commented on DCD's staff being tasked with work on the marijuana moratorium, resulting in permits not being completed in a timely manner; and • A citizen: 1) Thanked the BOCC for the South Coyle No -Shoot zone discussion held last week; 2) Stated the DCD Director is doing a great job, but he is overloaded; 3) Stated he provides security service to many marijuana companies throughout Washington. They run good businesses and promote agriculture; 4) Stated due to Clallam County's recent copper theft, Jefferson County should look into hardening their security; and 5) The County should coordinate with other entities before a natural disaster strikes. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Sullivan moved to delete Item #2 regarding Memorial Field Roof Rehabilitation Project and approve the remaining items on the Consent Agenda. Commissioner Johnson seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 61-14 re: Designating Downs Creek Road County Road No. 146809 as a Primitive Road; Jefferson County Public Works 2. DELETED: AGREEMENT re: Memorial Field Roof Rehabilitation Project; In the Amount of $299,399.88 including WSST; Jefferson County Public Works; Primo Construction (Approved later in minutes) 3. AGREEMENT re: Repair of Upper Hoh Road, MP 3.9 Emergency Repair; In the Amount of $140,000; Jefferson County Public Works; Seton Construction Inc. 4. AGREEMENT NO. ICA15298 re: 2015 Public Defense Funding; Improving the Quality of Public Defense Services; In the Amount of $35,929; Jefferson County Administrator; Washington State Office of Public Defense Page 1 Commissioners Meeting Minutes of December 15, 2014 DRAFT 5. Approval of Jefferson County Public Official Position Schedule Bond #68681811 Issued by Western Surety Company for the Treasurer, Clerk, Sheriff, Auditor, Prosecuting Attorney, Engineer, Commissioners #1, 42 and #3, Judge and Assessor 6. AGREEMENT, Amendment No. 2 re: Administration and Projects for North Pacific Coast Marine Resources Committee (NPC MRC); In the Amount of $72,000; Jefferson County Public Health; Washington Department of Fish & Wildlife (WDFW) 7. Jefferson County Mental Health (MH) and Chemical Dependency (CD) Hargrove Sales Tax Eight (8) Year Summary Report and Plan; Jefferson County Public Health 8. Advisory Board Resignation re: Tourism Coordinating Council (TCC); Representing Brinnon/Quilcene, Larry McKeehan 9. Advisory Board Appointment re: Jefferson County Tourism Coordinating Council (TCC); Brinnon/Quilcene Representative; Bonnie Story 10. Payment of Jefferson County Vouchers/Warrants Dated December 8, 2014 Totaling $566,761.34 11. Payment of Jefferson County Payroll Warrants Dated December 5, 2014 Totaling $773,822.70 and A/P Warrants Done by Payroll Dated December 5, 2014 Totaling $688,075.38 BRIEFING SESSION. The Commissioners each provided updates on the following items: Chairman Austin - Visited storm damaged areas in Jefferson County last week. - Will be attending an Ecosystem Regional Network (ERN) meeting this week re: Bluff erosion near Puget Sound. Commissioner Johnson - Noted a correction to his calendar. He will not be out of office this week as listed. - Will be attending a Jefferson Transit meeting, a Board of Health meeting and a Fort Worden Advisory Committee meeting this week. Commissioner Sullivan - Visited storm damaged areas in Jefferson County last week. - Attended a Port Townsend City Council meeting last week and testified on the Jefferson Transit rezone. County Administrator Morley - Gave a presentation re: Recent storm damage to our County. The meeting was recessed at 9:51 a.m. and reconvened at 10:01 a.m. with all three Commissioners present. Page 2 Commissioners Meeting Minutes of December 15, 2014 Bid Opening re: Supply of Liquid Asphalt products for Bituminous Surface Treatment for Calendar Year 2015: Public Works Engineer Dale Seward was present for the bid opening. He explained that the bid is for two varieties of oil; 352 tons of CRS2P solution and 115 tons of CSS -1 (diluted version for topcoat). He opened and read the following bids aloud: BIDDER Albina Asphalt (Vancouver, WA) McAsphalt Industries Limited (Langley, BC) BID AMOUNT CRS2P: $550 /ton. Delivery: $76 /ton CSS -1: $275 /ton. Delivery: $76 /ton CRS2P: $651 /ton. Delivery: $100 /ton CSS -1: $435 /ton. Delivery: $100 /ton Staff will review the bids and submit a recommendation for bid award to the Board at a future date. The meeting was recessed at 10:08 a.m. and reconvened at 10:19 a.m. with all three Commissioners present. HEARING re: Proposed 2014 4rh Quarter Budget Appropriations /Extensions for Various County Departments: County. Administrator Philip Morley reviewed the budget appropriations /extensions submitted for the 4' Quarter of 2014. The General Fund has an unencumbered fund balance of $186,487. The General Fund received an additional revenue of $9,221 and expenses totaled $195,708. The Special Revenue /CapitaVEnterprise /Intemal Services Funds unencumbered fund balance has an unencumbered fund balance of $17,805. The Special Revenue Fund received revenue totaling $744,923 and expenses totaled $762,728. The difference is coming out of the unencumbered fund balances for each fund. County Administrator Morley reviewed all of the requests from various County departments to increase their 2014 budgets. He pointed out that the Prosecutor's Office, Superior Court and the Sheriff's Department budget was affected due to the Michael Pierce re -trial. The costs incurred by the trial were unavoidable and mandatory. The proposed budget changes are intended to address unanticipated revenues and expenditures of the requesting departments. Pursuant to RCW 36.40.140, the Board of County Commissioners must hold a public hearing regarding the proposed budget changes. Chairman Austin opened the hearing for public testimony. Hearing no comment for or against the Proposed 2014 4v' Quarter Budget Appropriations/Extensions for Various County Departments, Chairman Austin closed the hearing. Commissioner Sullivan moved to approve RESOLUTION NO. 62-14 Order: Budget Appropriations /Extensions for Various County Departments. Commissioner Johnson seconded the motion which carried by a unanimous vote. Page.' .. Commissioners Meeting Minutes of December 15, 2014 CRAFT Kc� EXECUTIVE SESSION: An Executive Session was scheduled from 10:30 a.m. to 11:00 a.m. with the County Administrator, Deputy Prosecuting Attorney, Community Development Director, Associate Planner, Treasurer (Former Planning Manager) and Outside Legal Counsel 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 10:37 a.m. to 11:17 a.m. At the conclusion of the Executive Session the Board resumed the regular meeting. UPDATE re: Washington State Department of Natural Resources 3'd Quarter County Income Report: Washington State Department of Natural Resources (DNR) Regional Manager Sue Trettevik and State Lands Assistant Drew Rosanbalm were present to review the 3`d Quarter County Income report. A packet was distributed which included a letter from the Commissioner of Public Lands, Income Tables, County Income Report Explanation of Tables andOlympic Region Planned Harvest and Sale Distribution Spreadsheet. Ms. Trettevik stated that DNR has a new staff person who will be looking into the distribution of funding. Mr. Rosenbalm pointed out an error in the letter from the Commissioner of Public Lands. The second paragraph states "... calendar year 2014 is estimated at $3,172, 000." This figure is from last year. The figure is approximately $3,450,000 and has been corrected. Looking ahead to 2015, the Bangor sale is scheduled for June and should yield five million board feet. Ms. Trettevik stated that there are issues with the Bangor sale which are similar to what happened in Devil's Lake Vista. The Native Plant Society informed DNR that there may be an endangered plant in that area. She added that someone is evaluating this concern. Mr. Rosanbalm believes the sale is on track. Mr. Rosanbalm stated that the market is steady and DNR is starting to see an increase in prices. Currently, there is not a lot of overbidding on timber sales. County Administrator Morley asked if DNR is looking at a multi -year management plan? Mr. Rosanbalm replied that they are using a 3 -year plan, but in a couple of years, he would like to expand this to a 5 -year plan. With the addition of two new planners, this may be a possibility. He added that the 4 -5 year projections, however, would be softer. DNR has added two new law enforcement officers in our region. The meeting was recessed at 11:44 a.m. and reconvened at 1:33 p.m. with all three Commissioners present. __ Page 4 Commissioners Meeting Minutes of December 15, 2014 DRAFT FK�� DISCUSSION and Hearing Request re: Conservation Futures Funding Cycle for Snow Creek Watershed Acquisitions: Public Health Environmental Specialist Tami Pokorny discussed the proposed hearing request. The following information was provided to the Board: "Revenue to the Conservation Futures Fund in the 2014 funding cycle totaled $228, 000. To date, all but $73, 000 has been allocated On July 7, 2014, a public hearing was held, and resolutions approved, for the use of up to $10,824 towards the Snow Creek Watershed Acquisitions Project and up to $31,176 towards the Quimper Wildlife Corridor 2014 Project. Staff believed at that time that the previously approved Winona basin Bloedel Project had yet to be deducted from the available fund balance. In fact, the project cost had already been deducted, leaving additional funding available to award in 2014. July's Snow Creek award had been artificially reduced to stay within budget at the lower funding figure, and full project funding is now requested " Ms. Pokorny stated there had been confusion about one of the projects approved in the previous year and that the mistake had been realized after the first hearing. Staff is requesting another hearing to potentially authorize additional funding. County Administrator Morley explained that the process starts with the Board giving direction through resolution for funding amounts for a project, then that authorizes staff to develop a Conservation Futures agreement for that project with a sponsor. That agreement, with all the details, then comes back to the Board for final approval. Chairman Austin asked if this would result in a public hearing? County Administrator Morley replied no, this is a two -step process. Ms. Pokorny reviewed the timeline for the process with the Board. Commissioner Johnson moved to approve the funding level for acquisitions for the Snow Creek Watershed Acquisitions. County Administrator Morley explained that a motion for approving the funding is not required at this time. The motion died for lack of a second. Commissioner Sullivan stated he is unclear about the funding and asked if there is $73,000 extra in funding? County Administrator Morley replied there had been poor internal communication on the Winona Project, which had been previously approved by the Board of County Commissioners (BOCC). The Auditor's Office had already subtracted the funding for the Winona Project, and Conservation Futures staff was not aware of this. When Conservation Futures staff looked at the year end fund balance, they had thought that the Winona Project still needed to be deducted and anticipated that it would be coming out of the 2015 Budget. Commissioner Sullivan moved to approve the hearing notice re: Conservation Futures Funding Cycle for Snow Creek Watershed Acquisitions setting the hearing for Monday, January 12, 2015 at 10:00 a.m. in the Commissioners' Chambers, Jefferson County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368. Commissioner Johnson seconded the motion which carried by a unanimous vote. Page 5 Commissioners Meeting Minutes of December 15, 2014 4 �' DISCUSSION of Possible Transfer re: County -Owned Dosewallips Floodplain properties to Washington State Parks: Public Health Environmental Specialist Tami Pokorny stated that she has done research on the Dosewallips Floodplain. She suggests the transfer of County -owned Dosewallips Floodplain properties to Washington State Parks. By doing this, it will help develop a corridor along the south side of the river, linking the tidelands to the Olympic National Park and forests. The state is particularly interested in properties to the south of the river. The properties were acquired with salmon recovery funding, therefore, it is requested that the properties, once transferred, would maintain their conservation status. They are all protected lands, and very little activity would occur on them. If the state is only interested in the south side properties, the Department of Community Development (DCD) would be involved with the segregation of the floodplain properties. She added that any closing documents could be reviewed by the Chief Civil Deputy Prosecutor. Ms. Pokorny reinforced the benefits to the County by taking this action. Ms. Pokorny distributed an updated draft letter to Don Hoch, Director of the Washington State Parks and Recreation Commission which adds Item No. 2: "All instruments to convey title are prepared by State Parks and subject to review by the Jefferson County Prosecuting Attorney's Office." Chairman Austin urged the other Commissioners to move on transferring ownership before interest in this passes. Commissioner Sullivan moved to send the letter with Ms. Pokorny's addition, to the Washington State Parks and Recreation Commission regarding the possible transfer of County -owned Dosewallips Floodplain properties to Washington State Parks. Commissioner Johnson seconded the motion which carried by a unanimous vote. DISCUSSION re: Proposed Noise Ordinance: Chief Civil Deputy Prosecuting Attorney David Alvarez was present for the discussion. County Administrator Philip Morley handed out two documents: 1) Summary of comments submitted; and 2) Draft ordinance with edits. The Board reviewed the draft ordinance. County Administrator Morley explained that if the Board decided to move forward with the ordinance, he would like the effective date to be "once deemed approved by the Washington State Department of Ecology (DOE)." Chairman Austin stated he is concerned about DOE's motivation to act on it. County Administrator Morley replied that he has spoken to DOE regarding the ordinance and they have a dedicated staff person who will be reviewing it and he was assured a quick turnaround. County Administrator Morley reviewed the recent edits to the draft ordinance as well as the annotated summary of comments received on the issue. He will incorporate final revisions the Board decides to make and bring it back to the Board on December 22, 2014 for approval of the final draft ordinance to be submitted to DOE for approval. Upon approval by DOE, the ordinance will come back to the Board for final adoption Page 6 Commissioners Meeting Minutes of December 15, 2014 rap � ConsentAgenda Item No. 2 AGREEMENT re: Memorial Field Roof Rehabilitation Project: Earlier in the meeting, Commissioner Sullivan removed this item from the Consent Agenda for further discussion. Public Works Director / County Engineer Monte Reinders was present to discuss the project and damages sustained by the County as the result of recent storms. County Administrator Philip Morley noted that in light of the recent storm damage, there has been heightened concern regarding competing for funding. Commissioner Sullivan stated that funding for a roof over some bleachers seems lower priority than the County's current needs due to recent storm damage. He added that on December 8, 2014, Mayor King of Port Townsend thanked the Board of County Commissioners (BOCC) for supporting funding for a new roof over Memorial Field Stadium, then, later that evening during a Port Townsend City Council meeting, the council rearranged the Jefferson Transit Board proposal with very little public notice. He expressed concern over approving a new roof at this time. Commissioner Johnson stated that the Jefferson Transit issue should be kept separate. Young kids can benefit from a new roof at Memorial Field. He added that if the County decided not to put a roof on it, then we should remove the framework and take it down. Chairman Austin indicated that he wished the Port Townsend City Council could attend this discussion and see how, because of their actions, the Memorial Field Roof Rehabilitation Project is hanging in the balance. He noted that some of the funds for rebuilding the roof would be coming from Prop 1 funding. He added that he would like the County to take the high road on this. Chairman Austin stated that the construction company responded to the Call for Bids and put time and money into producing their bid. He is in favor of the contract moving forward. Director Reinders stated that this predicament would not have been an issue a few years ago. Due to the series of winter storms, funding is uncertain at this time. They will not know for months if there will be additional funding. He indicated that Governor Jay Inslee declared an emergency, but that does not mean that Federal Highways will cover Jefferson County's cost to repair damages. In the past, funding would have been covered, but things change over time depending on policies and who is in position at the time. Director Reinders stated when it comes to the stadium, if there had been no roof on the stadium, the County would not be talking about putting one on there. But since there is a roof, the cost to remove it would be around $200,000. He added that the difference between tearing down the existing roof and building a new one would be around $130,000. He indicated that there is a big difference between what a new roof on Memorial Field would look like, versus a road project where the same amount of money could be a pile of rocks on the bottom of a road somewhere. Director Reinders stated that he is a "Roads Guy" and he would love to see funding go towards roads, but he realizes that every department has their advocates and he is not one dimensional. He supports the Memorial Field Roof Rehabilitation Project. Commissioner Sullivan stated that fixing a roof versus helping those affected by the recent storms may carry a negative connotation. Page 7 7 7 Commissioners Meeting Minutes of December 15, 2014 �+ :� to "t : Commissioner Johnson moved to approve the agreement for the Memorial Field Roof Rehabilitation Project. Chairman Austin seconded the motion. Chairman Austin called for a vote on the motion. Commissioner Johnson and Chairman Austin voted in favor of the motion. Commissioner Sullivan voted against the motion. The motion carried. Commissioner Sullivan thanked Director Reinders and Public Work staff for their work on County roads after the storms. County Administrator Morley complimented the three Commissioners on being able to debate the issues and still get along even if they do not agree. The meeting was recessed at 3:00 p.m. and reconvened at 3:07 p.m. with Chairman Austin and Commissioner Sullivan present. Commissioner Johnson joined the meeting at 3:17 p.m. COUNTYADMINISTRATOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Miscellaneous Items: • Animal Shelter agreement negotiations with Humane Society. Discussion regarding possible rescue /foster opportunity for dogs deemed to have behavior problems preventing adoption. • Invitation by Navy to coordinate on hosting crew from Aircraft Carrier visit to Indian Island in early 2015. Commissioner Sullivan will contact Commander Yesunas and coordinate with the City of Port Townsend. • Local Integrating Organization (LIO) Ecosystem Recovery Network (ERN) Puget Sound Partnership (PSP). Chairman Austin handed out an updated request for a member of the Board of County Commissioners (BOCC) to Co -Chair the organization. Calendar Coordination: • All three Commissioners will be attending a Jefferson Transit Board meeting on December 16, 2014. • Chairman Austin and County Administrator Morley will be attending a JeffCOM meeting on December 18, 2014. • All three Commissioners will be attending a Jefferson County Board of Health meeting on December 18, 2014. • Commissioner Johnson will be attending a Fort Worden Advisory Committee meeting on December 18, 2014. • On December 22, 2014 the BOCC will only hold a morning session as there will be a recognition and farewell party for Chairman John Austin at 1:30 p.m. in the Commissioner's Chambers. • The Jefferson County Courthouse and County facilities will be closed on December 25, 2014 in observance of Christmas. • The Jefferson County Courthouse and County facilities will be closed on January 1, 2015 in observance of New Year's Day. • The Swearing in of Elected officials will be held on January 2, 2014 at 9:00 a.m. Page 8 Commissioners Meeting Minutes of December 15, 2014 NOTICE OFADJOURNMENT, Commissioner Johnson moved to adjourn the meeting at 4:02 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Sullivan seconded the motion which carried by a unanimous vote. SEAL: ATTEST: JEFFERSON COUNTY BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member Carolyn Avery David Sullivan, Member Deputy Clerk of the Board Page 9 _ O� W N RltlO District No. I Commissioner: Phil Johnson ���� � District No. 2 Commissioner: David W. Sulliva District No. 3 Commissioner: John Austin County Administrator: Philip Morley Clerk of the Board: Erin Lundgren MINUTES Week of December 22, 2014 Chairman John Austin called the meeting to order at the appointed time in the presence of Commissioner Phil Johnson and Commissioner David Sullivan. PUBLIC COMMENT PERIOD: The following is a summary of comments made by citizens in attendance at the meeting and reflect their personal opinions: • 4 individuals voiced appreciation for Chairman Austin's service and performance as Jefferson County Commissioner for District 3; • A citizen stated he is concerned that the County is not more involved in the Pit -To -Pier discussions; • A citizen stated: 1) There are outstanding department heads in the County; 2) Anyone past 50 should be taking prenatal vitamins to offset Alzheimer's disease; and 3) He wished the Board Happy Holidays and to be cautious of drunk drivers; • A citizen stated this will be her last time speaking on the public side of the podium for a while as she is the new Commissioner Elect. She thanked County staff and the public for their involvement in County government; and • A citizen updated the Board on additional damages to roads in the Brinnon area due to extensive rain. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Johnson moved to approve all the items on the Consent Agenda as presented. Commissioner Sullivan seconded the motion which carried by a unanimous vote. 1. AGREEMENT re: Current Use Tax Assessment to Classify 10.8 Acres of Approximately 11.58 Acres as Open Space /Open Space Under the Current Use Tax Assessment Program (RCW 84.31); MLA13- 00156 /CUA13- 00002; Jefferson County Department of Community Development; Thomas Hagen and Zoe Durham, Applicants 2. AGREEMENT re: Current Use Tax Assessment to Classify 32.4 acres of Approximately 34.4 Acres as Open Space /Open Space Under the Current Use Tax Assessment Program (RCW 84.31); MLA13- 00160 /CUA13- 00003; Jefferson County Department of Community Development; MHM Shurtleff 2012 Revocable Trust - Hillary Shurtleff, Trustee, Applicant 3. LICENSE AGREEMENT re: Animal Shelter and related services; January 1, 2014 thru December 31, 2016; Humane Society of Jefferson County Washington 4. BID AWARD re: Purchase and Sale Agreement for Supply of Liquid Asphalt 2015 Bituminous Surfacing Treatment Program; Supply of Liquid Asphalt Products; In the Amount of $263,717; Jefferson County Public Works; Albina Asphalt Products Page 1 Commissioners Meeting Minutes of December 22 2014 r "AFT 44- Lh 5. Payment of Jefferson County Vouchers/Warrants Dated December 15, 2014 Totaling $335,730.97 6. Payment of Jefferson County A/P Warrants Done by Payroll Dated December 6, 2014 Totaling $123,849.14 COMMISSIONERS BRIEFING SESSION: The Commissioners provided updates on the following items: Chairman Austin - Attended a JeffCOM meeting last week where records management and 911 outages were discussed. - Stated there will be no Commissioner meeting on December 29, 2014 as is it a 5a' Monday. - Reported a newspaper misprint: A local paper published the time of the Swearing in of Elected Officials incorrectly. The event will be held on January 2, 2015 at 9:00 a.m. Commissioner Sullivan - Visited the Dosewallips area and other flood - damaged sites and attended an event in Quilcene re: Big Quil Floodplain last weekend. APPROVAL OFMINUTES: Commissioner Sullivan moved to approve the regular meeting minutes of September 22, 2014 and October 6, 13 and 20, 2014 as presented. Commissioner Johnson seconded the motion which carried by a unanimous vote. DELIBERATION re: Proposed Noise Ordinance far Submission to the Washington State Department of Ecology for Approval: County Administrator Philip Morley discussed the proposed noise ordinance with the Board. He stated that a lot of feedback from the public and staff was received. A hearing on the proposed noise ordinance was held on November 24, 2014. On December 15, 2014 the Board reviewed potential changes to the ordinance and gave final direction to staff to prepare the final draft. County Administrator Morley stated that a track change version of the draft and a clean version of the draft were included in the Agenda Packets, however, two track changes were not included: 1) Page 5 of 8, at the top of the page, the word "included" had been struck; and 2) Page 6 of 8, under Item K, the term "... regardless of the distance between the source of the public nuisance noise and the person(s) being unreasonably disturbed or annoyed. Under this subsection, a sound meter reading... " had been added. Chairman Austin stated that he had looked into the sounds made by timber harvesting to see if they were exempted. He found that the sounds made by normal timber production were exempted under Washington Administrative Code (WAC) Chapter 173.60, which is referenced in Jefferson County's proposed noise ordinance under Section `S' of exempt noises. County Administrator Morley thanked citizens and other individuals who gave input on the proposed ordinance. Page 2 Commissioners Meeting Minutes of December 22, 2014 - Kc,- Commissioner Sullivan indicated that he likes how the ordinance has evolved, but he does not like the section allowing for shooting, as that could be considered a nuisance. County Administrator Morley stated that Washington State has already addressed this and the state's preemption makes it difficult to strike the balance Commissioner Sullivan is seeking. Commissioner Sullivan noted that if it became an issue, it could be addressed in the future. Commissioner Johnson stated that in the beginning, he was not in favor of a noise ordinance, but he believes the ordinance is well written. County Administrator Morley added that the Board will not be approving the ordinance today, but finalizing the noise ordinance in its current form and authorizing the Chair to send a letter to the Washington State Department of Ecology (DOE) requesting their approval. Commissioner Johnson moved to finalize the proposed noise control ordinance and authorize the Chair to sign a letter to be prepared by staff formally submitting the proposed noise ordinance to the Washington State Department of Ecology, for their review and approval. Commissioner Sullivan seconded the motion which carried by a unanimous vote. The meeting was recessed at 9:48 a.m. and reconvened at 10:02 a.m. with all three Commissioners present. PRESENTATION re: Appreciation for Years of Service with Jefferson County; Scott Rosekrans, Prosecuting Attorney: Chairman Austin expressed gratitude for the work Prosecutor Scott Rosekrans has done with the local courts that aim to help families get together and help individuals work through their problems. He stated that Prosecutor Rosekrans has put in many hours and effort into Drug Court. PRESENTATION and FAREWELL to Chairman John Austin: In lieu of the afternoon County Administrator Briefing Session, the Board honored Chairman John Austin for his 7 years of service to Jefferson County. In attendance were many of Chairman Austin's colleagues, friends and family. Page 3 Commissioners Meeting Minutes of December 22, 2014 L' NOTICE OFADJOURNMENT. Commissioner Sullivan moved to adjourn the meeting at 10:17 a.m. until the next regular meeting or special meeting as properly noticed. Commissioner Johnson seconded the motion which carried by a unanimous vote. SEAL: ATTEST: Carolyn Avery Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member David Sullivan, Member Page 4