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HomeMy WebLinkAbout020816_cbs01District No. 1 Commissioner: Phil Johnson District No. 2 Commissioner: David W. Sullivan District No. 3 Commissioner: Kathleen Kler County Administrator: Philip Morley Clerk of the Board: Erin Lundgren CRAFT MINUTES Week of November 23, 2015 Chairman David Sullivan called the meeting to order at the appointed time in the presence of Commissioner Phil Johnson and Commissioner Kathleen Kler. PUBLIC COMMENT PERIOD: The following is a summary of comments made by citizens in attendance at the meeting and reflect their personal opinions: • Four (4) citizens voiced their opinion regarding the Sportsmen's Association contract and operations at the Gun Club; • Three (3) citizens commented on the recent Planning Commission meeting; • One citizen stated we will have terrorist attacks in the U.S. and commented on Muslim traditions; • Three (3) citizens thanked the Board for including the Olympic Discovery Trail feasibility study in the Transportation Improvement Program (TIP); • A citizen stated that the Turkey Trot marathon was a success; • Two (2) citizens urged the Board to move forward on an ordinance banning fireworks in Jefferson County; and • A citizen thanked the Board for her appointment to the Solid Waste Advisory Committee (SWAG) and stated that she would make room in her home for Syrian refugees. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Johnson moved to approve all the items on the Consent Agenda as presented. Commissioner Kler seconded the motion which carried by a unanimous vote. 1. HEARING NOTICE re: 2016 Budget; Hearing Scheduled for December 7, 2015 at 10:00 a.m. in the Commissioners' Chambers 2. HEARING NOTICE re: Proposed Ordinance Establishing Animal Control Regulations for Jefferson County; Hearing Scheduled for December 14, 2015 at 10:00 a.m. in the Commissioners' Chambers 3. RESOLUTION NO. 42-15 re: Updating the Jefferson County Personnel Administration Manual 4. RESOLUTION NO.43-15 re: Adoption of the 2016-2021 Six -Year Transportation Improvement Program 5. AGREEMENT re: Camp Host Services for Quilcene County Campground; No Dollar Amount; Jefferson County Public Works; Clayton White 6. AGREEMENT re: Consultant Services, Associate Planner; In the Amount not exceed $10,000; Jefferson County Department of Community Development; Michelle Farfan Page 1 Commissioners Meeting Minutes of November 23, 2015 a ayo. '�7FH�N4SJ�K 7. AGREEMENT re: Emergency Management Performance (W; In the Amount of $17,288; Jefferson County Emergency Management; Washington State Military Department 8. AGREEMENT re: Jury Management Software; In the Amount of $1,969; Jefferson County District Court; Jury Systems, Inc. 9. AGREEMENT, Amendment No.1 re: Identify Clients with High Blood Pressure and Track Referrals to Community Resources; In the Amount of $27,500; Jefferson County Public. Health; Kitsap Public Health District (KPHD) 10. AGREEMENT re: Coordinate and Implement Prevention Programs Designed to Prevent or Delay the Misuse and Abuse of Alcohol, Marijuana, Tobacco and other Drugs Among Youth up to Age 18 and Adults 18-25; In the Amount of $46,728; Jefferson County Public Health; Washington State Department of Social and Health Services (DSHS), Division of Behavioral Health and Recovery (DBHR) 11. AGREEMENT re: Mowing & Maintaining Invasive Blackberries on Acquisitions along the Duckabush and Big Quilcene Rivers; In the Amount of $2,000; Jefferson County Public Health; Hadlock Bush Hog Backhoe Service, Henry Cobb 12. MEMORANDUM OF UNDERSTANDING re: 2015 Fund 131 Allocation for Case Management for Therapeutic Court; In the Amount of $15,266; Jefferson County Superior Court 13. MEMORANDUM OF UNDERSTANDING re: 2015 Fund 131 Allocation for Case Management for Therapeutic Court; In the Amount of $12,218; Jefferson County District Court 14. Payment of Jefferson County Vouchers/Warrants Dated November 16, 2015 Totaling $1,225,033.91 COMMISSIONERS BRIEFING SESSION: The Commissioners reported on their meeting schedules. DISCUSSION re: Salish Behavioral Health Organization; Kitsap and Clallam Counties with Jamestown S'Klallam Tribe: Public Health Director Jean Baldwin was present to discuss the proposed Salish Behavioral Health Organization. Information provided by Public Health stated that in 2014, the Washington State Legislature passed 2SSB 6312, which mandated the creation of Behavioral Health Organizations to oversee the delivery of Mental Health and Substance Use Disorder services in Washington State. The Commissioners of Kitsap, Jefferson and Clallam counties have voted to become the Salish Behavioral Health Organization (SBHO), which will be administered by Kitsap County. Creation of the SBHO will change funding for Substance Use Disorder Services for the Medicaid population, from a Fee for Service system, in which providers are paid a fixed amount for a given delivered service, to a Managed Care system, in which the SBHO will receive a capitated payment for each Medicaid recipient within our boundaries. The SBHO will be responsible for providing all "Medically Necessary" behavioral health (mental health and substance use disorder) services to those individuals. The proposed Interlocal Agreement (ILA) would establish the SBHO covering all of Kitsap, Clallam and Jefferson Counties. The SBHO will plan, establish and operate a comprehensive behavioral health Page 2 Commissioners Meeting Minutes of November 23, 2015 r Ir system pursuant to chapters 70.96A, 7a.24, 71.34, 71.05 RCW and 2SSB 6312 of the 2014 Legislative Session and related regulations. Director Baldwin stated that if establishing a BHO is not an option, Washington State will privatize those services in counties not willing to create a BHO. County Administrator Philip Morley recommended that the Commissioners adopt the proposed ILA, but urged a follow-up motion expressing the confidence of the Board in Commissioner Kler to represent the Board of County Commissioners (BOCC) for further update of the ILA in the upcoming year. Commissioner Johnson moved to execute the agreement with Kitsap and Clallam Counties with Jamestown S'Klallam Tribe for the Salish Behavioral Health Organization. Commissioner Kler seconded the motion. Commissioner Johnson thanked Commissioner Kler for working on this issue. Chairman Sullivan called for a vote on the motion. The carried by a unanimous vote. HEARING re: Setting the 2016 Ad Valorem Tax Levies for Jefferson County Levy in 2015 and Collection in 2016. As required by State law (RCW 84.55.120) the Commissioners held a public hearing on the 2016 Ad Valorem Tax Levies. Assessor Jeff Chapman was present for the hearing. County Administrator Philip Morley explained that there are three proposed resolutions that would set the levy rates in 2015 for tax collection in 2016. Each of those resolutions set the levy rate and identify, in addition to that, an allowance for new construction, refunds, net cancellations and supplemental assessments and state assessed property increases. Those items would be additive to the numbers in the resolution. Each of the resolutions represent a I% increase in collections over the prior year. Since the implicit price deflator was less than 1% over the past year, State law requires that Commissioners adopt a finding of substantial need in order to assess up to the I% threshold. As a result, there are three companion resolutions that identify the reason for substantial need. He added that he sees this as an opportunity to make up for lost ground because over the last several years, the rate of inflation has exceeded 1%. County Administrator Morley noted that one of the resolutions diverts a portion of the Road Levy Funds into Traffic Law Enforcement for road safety, within the General Fund. That diversion rate is set at a dollar amount of $720,000. He added that before the Board is also a summary letter to the Assessor which categorizes these items and includes a breakout within the General Fund for a number of specific callouts under State law for Veterans Relief, Mental Health and Developmental Disabilities that come out of the General Fund Levy. Chairman Sullivan opened the public hearing for testimony. Hearing no comments for or against Setting the 2016 Ad Valorem Tax Levies for Jefferson County Levy in 2015 and Collection in 2016, he closed the public hearing. Commissioner Johnson moved to adopt RESOLUTION NO. 44-15 re: Increase the Jefferson County Conservation Futures Tax Levy for 2016 Taxes. Commissioner Kler seconded the motion which carried by a unanimous vote. Commissioner Kler moved to adopt RESOLUTION NO. 45-15 re: Increase for the Jefferson County Page 3 Commissioners Meeting Minutes of November 23, 2015 Road Levy for 2016 Taxes. Commissioner Johnson seconded the ni"n which carried by a unanimous vote. Commissioner Johnson moved to adopt RESOLUTION NO. 46-15 re: Increase in Jefferson County General Fund Levy for 2016 Taxes. Commissioner Kler seconded the motion which carried by a unanimous vote. Commissioner Kler moved to adopt RESOLUTION NO. 47-15 re: Diversion of Road Levy for Traffic Law Enforcement for the 2016 General Fund Budget. Commissioner Johnson seconded the motion which carried by a unanimous vote. Commissioner Johnson moved to adopt RESOLUTION NO. 48-15 re: Finding a Substantial Need and Adopting the Limit Factor for the Jefferson County Conservation Futures Fund Property Tax Levy. Commissioner Kler seconded the motion which carried by a unanimous vote. Commissioner Kler moved to adopt RESOLUTION NO. 49-15 re: Finding a Substantial Need and Adopting the Limit Factor for the Jefferson County General Fund Property Tax Levy. Commissioner Johnson seconded the motion which carried by a unanimous vote. Commissioner Johnson moved to adopt RESOLUTION NO. 50-15 re: Finding a Substantial Need and Adopting the Limit Factor for the Jefferson County Road Fund Property Tax Levy. Commissioner Kler seconded the motion which carried by a unanimous vote. Commissioner Kler moved to approve sending a letter to the Assessor regarding Setting 2016 Real and Personal Property Levy Amounts. Commissioner Johnson seconded the motion which carried by a unanimous vote. APPROVAL of MINUTES: Commissioner Kler moved to approve the Regular Meeting Minutes of August 17 and 24, 2015 and September 8, 2015 as presented. Commissioner Johnson seconded the motion which carried by a unanimous vote. The meeting was recessed at 10:26 a.m. and reconvened at 10:34 a.m. with all three Commissioners present. HEARING re: Proposed Ordinance to Establish Jefferson County Department of Community Development Fee Schedule: County Administrator Philip Morley stated that the Board of County Commissioners (BOCC) has previously been briefed on this issue. Information submitted from the Department of Community Development (DCD) states that the proposed fees are intended to recover costs associated with development review activity by the Building and Development Review Divisions. The fee amendment is based on an updated hourly rate for staff time spent on review activities. The hourly rate was derived by dividing the costs (including administration and overhead) of the Building and Development Review Divisions by the billable hours of staff in these Page 4 Commissioners Meeting Minutes of November 23, 2015 Divisions to recover those costs. The hourly rate proposed would be re-evaluated each year using a three year average of the upcoming budget year and two prior year actuals. There is no anticipated revenue based on updated fees and an increase to the hourly rate. A five year projection shows that DCD is not able to sustain itself due to the loss of grant funding in 2016. DCD Office Coordinator Jodi Adams stated that DCD's hourly rate has not increased since 2009. Their largest expense is in salaries and benefits which are increasing faster than the CPI increase. She added that the proposed new fees and hourly rate will bring DCD more in line with their current expenses. Chairman Sullivan opened the hearing for public testimony. Tom Thiersch, Jefferson County: He stated that he is confused by DCD's explanation. They first stated that DCD "hasn't increased their hourly rate since 2009, even though the CPI has increased...," but then a few seconds later it was stated "...that in order to keep up with CPI..." He believes those are two conflicting statements. In a previous hearing, the CPI from last year was quoted as being almost zero. Inflation for several years has been very low, yet enormous fee increases are being proposed for fairly routine items. For example, it takes three hours plus inspection fees for a propane tank? It seems out of all sensible reason to say that it takes that long to do a simple little propane tank. Around 10 years ago when he got his propane tank installed, it was less than $100. How do we justify these kinds of enormous increases? It seems out of bounds. Who audited these calculations for hourly fees for these services? Who determined these items? Were actual timesheets used? What is the independent third party verification of these costs? He doesn't know how these rates were derived. He wonders if the rates were established by calculating the total amount of funds spent and dividing that by the number of staff. He believes that citizens are owed a much more detailed calculation explanation and that the proposed fees should be audited before these types of fee increases can and should be approved either now or in the future. Thanks. Robie Robichaux, Jefferson County: He stated that Clallam and Kitsap Counties were used as comparison counties, but believes that Mason and Grays Harbor Counties should have been included. He would like to know the revenue that DCD brings in. This is a proposed 9% increase followed by a 6% increase, and we received 6 weeks notice. It has been his objective in the past to get the permit in process before the increase, it may not be much, but it is significant. Thank you.. Hearing no further comments, Chairman Sullivan closed the public hearing. County Administrator Morley asked Ms. Adams to describe in detail the methodology used in coming up with the hourly rate? He noted that while the figures have not been audited by the State Auditor in advance, they are subject to auditing by the State. The State Auditor cannot advise as to exactly how to do it, he knows that Ms. Adams has been in contact with that department to seek guidance on how other jurisdictions came up with their figures and methodology. Ms. Adams stated that the hourly rate was calculated by first taking the entire expenses from the department, then, long-range planning, grants, pass-through funds that were not permit -related were subtracted. Then the hours available for permit review for building and land -use staff were divided by Page 5 Commissioners Meeting Minutes of November 23, 2015 expenses directly related to permits. She referred to timesheets to determine the number of hours and explained that staff tracks their work by program codes so that grant and long-range planning hours were separated from their permit -review time. Ms. Adams stated that she spoke to staff at the State Auditor's Office who reviewed the methodology used to determine the hourly rate and fee increase. She noted that a similar methodology was used in 2009 and it is the same methodology that Kitsap currently uses for their fee structure. After speaking with the State Auditor, she felt confident that they were in agreement with the process that Jefferson County used to come up with the rate. She received a revenue guide from the State Auditor's Office that explains the methodology used to recover fees for permit review, including direct and indirect costs related to permitting activities. Ms. Adams stated that they made sure to use both building and land -use expenses in order to come up with a fair overall permitting hourly rate. Ms. Adams noted that DCD has been working on this fee structure methodology for approximately one to two years. During that time, they coordinated with other County departments such as Public Works and Public Health as to their hourly rate fee methodology. County Administrator Morley added that Budget Consultant Anne Sears reviewed the methodology and she felt that the fees were legitimate. Ms. Adams addressed Mr. Thiersch's comment regarding propane tank installation. She explained that the distance an inspector has to travel can vary greatly. When they developed the hourly rate, they estimated for mid -distance travel, technical time for permit intake and time for entering the information and then the issuance of certificate of occupancy. The Commissioners discussed travel time to the West End of Jefferson County to see if there is a way to cut down on travel costs. County Administrator Morley will follow up with DCD and Environmental Health to address those concerns. Commissioner Johnson moved to approve ORDINANCE NO. 08-1123-15 adopting a Fee Schedule Increase for the Department of Community Development. Commissioner Kler seconded the motion which carried by a unanimous vote. Commissioner Kler noted a scrivener's error on Appendix A that staff will correct. HEARING re: Proposed Ordinance to Establish Sheriffs Civil Fees and Add a New Chapter in the Jefferson County Code Entitled "Sheriffs Fees' : Undersheriff Joe Nole explained that Sheriff's Office Civil Service Fees have not been increased since 1992. Staff reviewed the Civil Service fees of the following seven (7) comparable counties; Chelan, Clallam, Douglas, Island, Lewis, Mason and Pacific Counties. Some counties had higher rates while other counties had lower rates so a median rate was chosen. Undersheriff Nole noted that Mason County has not raised their fees since 1992 as well. In addition to the comparison to other counties' fees, the Sheriff's Office conducted a cost analysis. It was determined that if the proposed fees were approved, the Sheriff's Office revenue would increase by approximately $5,500. Undersheriff Nole explained that per Washington RCW, the Sheriff's Office is responsible for making the civil process happen. Legal documents that need notification service can be handled by individuals, or they can request that the Sheriff's Office handle it. The Sheriff's Office has to then verify and keep record of that service. The Sheriff's Office also conducts evictions, sales and bank -owned foreclosed Page 6 Commissioners Meeting Minutes of November 23, 2015 properties. Fees for services are typically paid up -front and refunds, if any, are disbursed when everything is finalized. Chairman Sullivan opened the hearing for public testimony. Tom Thiersch, Jefferson County: He stated that he is not opposed to the fees in general, but wants to make sure that they are not going to be in conflict or confused with the fees allowable under the Washington State Public Records Act (PRA). The fees that can be charged for copies of public records are regulated by that act and take precedence over any other. Item number 10 pertaining to "...making copies of papers when copies are not furnished." "Copies of papers" does not tell him, with a sufficient degree of specificity, what papers are being referred to. He believes that deserves clarification under this ordinance. Actual costs are already encompassed by the PRA, so he is not sure if item number 18 is redundant, necessary or confusing. Perhaps this needs to be amended to address those issues. If someone gets sued in a civil action and they ask the Sheriff's Office to serve the papers, would that fall under item number 8 or 11 of the proposed ordinance fee schedule? He stated he is not a lawyer so he is not sure which term applies to which actions. Figuring out how much a lawsuit will cost could be confusing to someone reading the County Code. Hearing no further comments, Chairman Sullivan closed the public hearing. Undersheriff Nole explained that there is no intent for the proposed ordinance to have any impact on the PRA. There is no intent to charge more money for public records. County Administrator Philip Morley added that RCW 36.18.040 establishes fees in the RCW that are set by the state, but specifically allows for local jurisdictions to set higher fees. The language in the RCW is largely replicated in the proposed ordinance. In 36.18.040 (1)(k) it reads specifically "for making copies of papers when sufficient copies are not furnished. $1.00 for the first page and 50 cents for each additional page." The RCW also clarifies fees for audio/visual requests. County Administrator Morley stated that the interpretation is clear, and the proposed ordinance would not have an impact on the PRA. Undersheriff Nole stated that he spoke with Chief Civil Deputy Kelli Greenspane and asked her about copies. She said that a lawyer could bring in all the copies of the paperwork they needed to have served and not get charged a fee, but sometimes, they would bring one page and ask the Civil Office to make all the copies. Undersheriff Nole explained that item number 8 pertains specifically to a writ of execution, which is evicting someone from a house. Item number 11 pertains to any other type of service someone would request. Commissioner Kler moved to adopt ORDINANCE NO. 09-1123-15 Establishing a New Chapter of the Jefferson County Code Entitled "Sheriff s Fees." Commissioner Johnson seconded the motion which carried by a unanimous vote. The meeting was recessed at 11:24 a.m. and reconvened at 1:31 p.m. with all three Commissioners present. Page 7 Commissioners Meeting Minutes of November 23, 2015 UPDATE re: Washington State Department of Natural Resources 3rd Quarter County Income Reports: Washington State Department of Natural Resources (DNR) Manager Sue Trettevik and DNR State Lands Assistant Drew Rosanbalm were present to brief the Board on the 3rd quarter County income report. Mr. Rosanbalm stated that the end of year predictions are around $2.2 Million, which is a decrease of $35,000 from the second quarter's projections. This is partly due to Penny Waterline slowing down production. The remainder of Penny Waterline and Bangor Timber is sold. He noted that Bangor Timber received three bids. Every 3-4 years, DNR conducts a big sale on thinning wood available. Mr. Rosanbalm noted that wood in Jefferson County is high quality. The trees grow slower due to the climate and creates a better quality timber product. A detailed harvest report was reviewed and discussed by the Board. Ms. Trettevik stated that due to some confusion in the past, they are now verifying tax code numbers prior to a timber sale. Mr. Rosanbalm added that figures are also now reviewed by the Assessor. BRIEFING re: Comment Letter on Draft Environmental Impact Statements (EISs) for Terminal Expansions in Grays Harbor; Due by November 30, 2015: Environmental Health Specialist Tami Pokorny and Jill Silver briefed the Board on a proposed letter regarding crude oil terminal expansions in Grays Harbor. Ms. Pokorny stated the issue of crude oil had been discussed at a recent Marine Resources Committee (MRC) summit held in LaPush. She gave a power point presentation which depicted simulated photos of the proposed expanded facilities. The Washington State Department of Ecology is inviting comments on the draft EIS for two proposed terminal expansion projects in the Port of Grays Harbor, Westway and Imperium, for crude -by -rail. The projects have raised the concerns of the four coast MRCs due to the perceived increase of risks to natural resources, human health and safety and impacts to the conduct of normal activities in Aberdeen, Hoquiam and elsewhere within the extended study area. Members of Pacific and Grays Harbor Counties MRCs are encouraging individual MRC member agencies to submit comments by the November 30'' deadline. Both the North Pacific Coast MRC and the Board of County Commissioners (BOCC) provided comments on EIS scoping for these projects in May, 2014. Currently, bulk liquids such as biofuel and methanol are handled through the Port of Grays Harbor. These proposed projects, as well as a third that is anticipated, would create and improve existing infrastructure for the transportation by rail, bulk tank storage and shipment by tank vessel of crude oil from the Bakken formation and diluted bitumen from Alberta. After the comment period ends, the City of Hoquiam, Washington State Department of Ecology and other local and state agencies will use the final EISs in their permitting decisions or approval process. Page 8 Commissioners Meeting Minutes of November 23, 2015 0 Chairman Sullivan asked if the crude oil transportation was decreased in Grays Harbor, would it increase somewhere else? Ms. Pokorny replied yes it would. Their strategy is to focus on one project at a time. She anticipates more pressure for oil transportation coming through the Pacific Northwest. If all the proposed terminals are approved, there will be roughly five times the volume of oil coming through the Pacific Northwest. She added that if Tesoro's terminal is not approved and Grays Harbor's terminals are, vessels would be received in Grays Harbor and travel up around Cape Flattery and down the canal to be refined. Commissioner Kler stated that an earthquake and tsunami can have a large negative impact on these types of facilities that are based near an ocean. If the terminal expansions are approved, the following are estimates of train and vessel trips per year: Ms. Pokorny noted that vessels are also increasing in size and they will need to prevent grounding of these larger vessels. Commissioner Johnson stated that he has seen freight ships waiting to enter the Straits of Juan de Fuca. Where do these ships go for back-up moorage? Is the closest Port Angeles? Chairman Sullivan noted that Port Angeles is more sheltered. Ms. Pokorny and Ms. Silver briefed the Board on the procedure in the event of an oil spill and stated that due to our vast shoreline and rocks, if there is a spill, there would be no cleanup. Commissioner Johnson asked if there has been any discussion on the economic loss as a result of Washington being recognized as an oil transport state? Ms. Pokorny replied that she does not think they are addressing the big picture view at this time. She added that several cities have passed resolutions regarding rail transport. Ms. Silver noted that storms are getting worse along the coast. Commissioner Johnson moved to send the letter to ICF International regarding Westway and Imperium Terminal Services Expansion Projects EISs. Commissioner Kler seconded the motion which carried by a unanimous vote. The meeting was recessed at 2:50 p.m. and reconvened at 2:56 p.m. with all three Commissioners present. Page 9 TRAINS VESSELS WESTWAY 458 238 IMPERIUM 730 400 U.S. RAIL 365 120 TOTAL: 1,553 758 Ms. Pokorny noted that vessels are also increasing in size and they will need to prevent grounding of these larger vessels. Commissioner Johnson stated that he has seen freight ships waiting to enter the Straits of Juan de Fuca. Where do these ships go for back-up moorage? Is the closest Port Angeles? Chairman Sullivan noted that Port Angeles is more sheltered. Ms. Pokorny and Ms. Silver briefed the Board on the procedure in the event of an oil spill and stated that due to our vast shoreline and rocks, if there is a spill, there would be no cleanup. Commissioner Johnson asked if there has been any discussion on the economic loss as a result of Washington being recognized as an oil transport state? Ms. Pokorny replied that she does not think they are addressing the big picture view at this time. She added that several cities have passed resolutions regarding rail transport. Ms. Silver noted that storms are getting worse along the coast. Commissioner Johnson moved to send the letter to ICF International regarding Westway and Imperium Terminal Services Expansion Projects EISs. Commissioner Kler seconded the motion which carried by a unanimous vote. The meeting was recessed at 2:50 p.m. and reconvened at 2:56 p.m. with all three Commissioners present. Page 9 Commissioners Meeting Minutes of November 23, 2015 rr LETTER re: Salish Behavioral Health Organization:'Commissioner Johnson moved to authorize staff to prepare a letter for all three Commissioner signatures that summarizes the discussion articulated during the morning session of the Board of County Commissioner (BOCC) meeting. Chairman Sullivan seconded the motion which carried by a unanimous vote. COUNTYADMINISTRA TOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Miscellaneous Item: • Hotel/Motel Fund allocation process under RCW; Lodging Tax Advisory Committee (LTAC) and contracts. • Budget; Prop 1, Animal Control Officer and jail health. • Fireworks and sky lanterns. • Personnel Administration Manual. • Fund 131; Memorandum of Understandings. • Economic Development Council (EDC) and individual defense contracts. • Salish Behavioral Health Organization (BHO); Interlocal Agreement amendments. • Department of Community Development (DCD) interviews. • State Legislature; Bill on Master Planned Resort (MPR) logging, Olympic Discovery Trail (ODT) in Capital Budget; add to Washington State Recreation and Conservation Office (RCO) grant for Discovery Bay. • Oil City Road. • Port Ludlow Drainage District Meeting. NOTICE OFADJOURNMENT: Commissioner Kler moved to adjourn the meeting at 3:26 p.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 David Sullivan, Chair Phil Johnson, Member Kathleen Kler, Member Page 10 District No. 1 Commissioner: Phil Johnson District No. 2 Commissioner: David W. Sullivan District No. 3 Commissioner: Kathleen Kler County Administrator: Philip Morley Clerk of the Board: Erin Lundgren DRAFT MINUTES Week of December 7, 2015 Chairman David Sullivan called the meeting to order at the appointed time in the presence of Commissioner Phil Johnson and Commissioner Kathleen Kler. 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 stated he is the Superintendent of the Chimacum School District and submitted a packet describing this year's bond proposal. A second citizen urged everyone to vote yes for school levy bonds; A citizen stated: 1) The courthouse should have security upgrades; 2) It has been 74 years since the attack on Pearl Harbor; 3) Elected officials should be ashamed for sending our manufacturing and industrial base to China; and 4) Americans feel threatened which is why they will vote for Donald Trump, who is the meanest dog in the fight; and 13 citizens voiced their opinion regarding the Sportsmen's Association Gun Club. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Kler moved to approve all the items on the Consent Agenda as presented. Commissioner Johnson suggested the motion be amended to remove and discuss Item No. 9 re: Agreement with Hood Canal Salmon Enhancement Group; Permission to Enter and Liability of Knotweed Control. Commissioner Kler amended the motion to remove Item No. 9 and approve the remaining Consent Agenda items as presented. Commissioner Johnson seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 51-15 re: Closing County Administrative Offices at Noon on Christmas Eve 2. RESOLUTION NO. 52-15 re: HEARING NOTICE: Fourth Quarter 2015 Budget Appropriations/Extensions; Various County Departments; Hearing scheduled for Monday, December 21, 2015 at 10:00 a.m. in the Commissioners Chambers 3. HEARING NOTICE re: Proposed Ordinance Banning Sky Lanterns in Unincorporated Jefferson County and Providing for the Banning of Fireworks in Unincorporated Jefferson County when a State of Extreme Fire Danger is Declared by Resolution; Hearing Scheduled for Monday, December 21, 2015 at 10:30 a.m. in the Commissioners Chambers 4. CANCELLATION NOTICE re: County Commissioner Regular Meeting; Scheduled for Monday, December 28, 2015 5. AGREEMENT re: Conservation Futures Quimper Wildlife Addition; In the Amount of $29,576; Jefferson County Public Health; Jefferson Land Trust 6. AGREEMENT NO. W2RCPG-1517-JeCoPH-00119 re: Solid Waste Education; In the Amount of $106,666.66; Jefferson County Public Health; Washington State Department of Ecology (DOE) Page 1 Commissioners Meeting Minutes of December 7, 2015 M '*i A ra up w YN ntJ� 7. AGREEMENT NO. W2RCPG-1517-JeCoEH-00068 re: Solid Waste Enforcement; In the Amount of $82,866.66; Jefferson County Public Health; Washington State Department of Ecology (DOE) 8. AGREEMENT NO. TCPRA-2015-JeCoPH-00011 re: Site Hazard Assessment; In the Amount of $12,000; Jefferson County Public Health; Washington State Department of Ecology (DOE) 9. (DELETED) AGREEMENT re: Permission to Enter and Waiver of Liability for Knotweed Control; No Dollar Amount; Jefferson County Public Health; Hood Canal Salmon Enhancement Group (Approved later in the minutes) 10. AGREEMENT re: Community Health Improvement Plan (CHIP) Coordinator; In the Amount of $25,000; Jefferson County Public Health; Jefferson Healthcare 11. AGREEMENT NO. W2RCPG-1517-JCPWSW-00014 re: Coordinated Prevention Grant for Recycling Services; In the Amount of $110,257.33; Jefferson County Public Works; Washington State Department of Ecology (DOE) 12. AGREEMENT re: Operation and Maintenance of Two (2) West Valley Road School Zone Flashing Beacons; No Dollar Amount; Jefferson County Public Works; Chimacum School District No. 49 13. AGREEMENT, Amendment No. 1 re: Automotive Fluids Recycling Services; Amount Based on a Fluctuating Market with an Annual Revenue loss estimate of $5,536; Jefferson County Public Works; Thermo Fluids, Inc. 14. AGREEMENT, Change Order No. 5 re: Dowans Creek Road Realignment, County Project No. CR17993, FEMA 1734 -DR -WA, Grant No. E08-796; To Increase the Amount by $25,735.80 to a Total Project Amount of $485,830.55; Jefferson County Public Works; Bruch and Bruch Construction, Inc. 15. AGREEMENT, Amendment No. 6 re: Indigent Defense Services; Amount not to Exceed $312,765; Jefferson County Administrator; Jefferson Associated Counsel 16. AGREEMENT re: Associate Development Organization Services; In the Amount of $12,500 in 2015 and $25,625 in 2016 - 2019; Jefferson County Administrator; Economic Development Council (EDC) Team Jefferson 17. Advisory Board Resignation re: Developmental Disabilities Advisory Board; Lesly Sheinbaum 18. Advisory Board Reappointments (3) re: Developmental Disabilities Advisory Board; Three Year Terms: 1) Expires March 17, 2018, Carl Hanson; 2) Expires August 13, 2018, Leesa Monroe; and 3) Expires December 24, 2018, Claudia Edmondson 19. Payment of Jefferson County Vouchers/Warrants Dated November 23, 2015 Totaling $973,612.10 20. Payment of Jefferson County Payroll Warrants Dated November 20, 2015 Totaling $72,428.24 and A/P Warrants Done by Payroll Dated November 6, 2015 Totaling $133,001.96 and Dated November 20, 2015 Totaling $15,830.92 COMMISSIONERS BRIEFING SESSION. The Commissioners reported on their meeting schedules. The meeting was recessed at 9:49 a.m. and reconvened at 10:03 a.m. with all three Commissioners present. Page 2 Commissioners Meeting Minutes of December 7, 2015 M "N A In p HEARING re: Jefferson County 2016 Budget: County Administrator Philip Morley and Budget Consultant Anne Sears gave a presentation on the proposed 2016 budget. Revenue is anticipated to be $46,991,942. The total 2016 recommended Jefferson County Budget is as follows: General Fund: $17,985,688 50 Other Funds: $34,283,163 TOTAL: $52,268,851 Some funds will be drawing down their unencumbered fund balance, and some major capital projects are tentatively on the work program for 2016. County Administrator Morley gave a power point presentation the proposed 2016 budget. Chairman Sullivan opened the hearing for public testimony. Bruce Cowan, Port Townsend: He thanked County staff and Elected County Officials for their hard work on this complicated document. He thanked the Commissioners for the open process and for letting the public be a part of it. Steve Willing: He stated that he has concerns regarding the Lodging Tax Advisory Committee (LTAC) situation. Regarding black market accommodations, uncollected taxes are draining and taking away revenue from legitimate operators that have been in the County for a long time. He stated that he is a legitimate operator. Black market accommodations create a loss of affordable housing and tax revenue for both the State and the County. He believes there is a liability issue for the County. As most of these operators are not insured, as a regulatory body, the County would be construed as responsible by a loss prevention lawyer and insurance company in a lawsuit. He recommended that the Commissioners pursue tightening that leak. He stated that if this situation were to be looked into, the amounts may not be huge, but they are significant. He guesses that lost revenue is around $150,000 per year. Thank you. Hearing no further comments, Chairman Sullivan closed the public hearing. He stated that County staff and departments have managed the budget very well and he believes the public has not seen a decrease in services. County Administrator Morley explained that public requests and expectations for improvements to services and addressing community needs can be hard to meet at times. He noted that the County has been doing a good job of "keeping the lights on" on existing services, without the capacity to address emerging appetites and needs of the community. The goal is to try and get ahead a little bit so we can be a little less "reactive" and a little more "proactive" with the limited resources we have. Chairman Sullivan stated that when he and Commissioner Johnson came into the office, they were disciplined with spending, even though there were excess reserves. After the recession hit, they really saw the value in that. He appreciates the work County Administrator Morley has done in formalizing the budget policies that allow the County to put money aside and show people that discipline. The uncertainty with the State and Federal budgets is well known, so it is nice to maintain a buffer. He understands why some citizens may see this and suggest that it could be spent, but noted that it takes discipline to not spend reserves and prepare for the future. Commissioner Kler noted that Quilcene residents came together and were able to coordinate to get work Page 3 4k \E yt Commissioners Meeting Minutes of December 7, 2015 PT 4' J Hn� done on their sports court. It was a good example of citizens working together to get a capital project completed. She added that there are facilities which are deteriorating in the County and the County's main objective is to address safety issues over aesthetics. Commissioner Kler discussed the hearing testimony comment regarding black market accommodations in Jefferson County. She is not sure if the County has the resources to take on this issue, but she considers it a situation that needs to be addressed. County Administrator Morley invited Mr. Willing and others to discuss the issue further. Commissioner Johnson moved to direct staff to prepare a final budget, inclusive of the modifications brought forward by staff and addressed by County Administrator Morley, and any technical corrections. Commissioner Kler seconded the motion which carried by a unanimous vote. DISCUSSION re: Sportsmen's Club Association Agreement: Environmental Health Director Jared Keefer reviewed the extensive revision to the draft License and Operating Agreement between Jefferson County and the Jefferson County Sportsmen's Association (JCSA); effective January 1, 2016 — December 31, 2025. Information provided by Public Health states that the contract under consideration grants license and operating privileges to JCSA to operate a firing range on Assessor's Parcel No. 001083012. The firing range would be used in the provision of Hunter Safety training programs and courses, law enforcement training and recreational range use and program events for JCSA members. Any member of the public is welcome to become a member, and may visit the range with that intent during open hours. JCSA shall not deny membership to any person who meets nondiscriminatory membership criteria and pays associated fees or dues. Law enforcement training will be free of charge. Restrictions forbid modification to facilities, infrastructure or property without approval of the County; forbid Liens and Encumbrances; natural resources and mineral reserved are retained by the County; all costs and expenses related to the property and its users are JCSA's responsibility. All posted signs must include a phone number to contact should violators use the range outside of posted hours, and posted signs must indicated day and hours law enforcement uses the premises. The contract includes indemnifications and provisions for liability insurance. Time of use restrictions are in place, and the institution of a comprehensive lead management plan to ensure safe lead management for members and neighboring property owners and the environment is detailed. This license does not transfer. Director Keefer stated that training at the JCSA will be free to local law enforcement agencies and they are the only agencies allowed to use the facilities after dark. He gave a summary of other changes to the draft agreement made thus far with the Board. After further discussion, the Board agreed on the following additional edits to the license agreement: • Section 1, first paragraph: Strike the next to the last sentence and replace with "The JCSA must receive prior written County approval of any proposed changes in use of the property." • Section 4, paragraph C, subsection A: Add language that states "or dusk (whichever is earlier)" Page 4 Commissioners Meeting Minutes of December 7, 2015 Commissioner Johnson moved to approve a license agreement with thefferson County Sportsmen's Club Association as edited. Commissioner Kler seconded the motion with the encouragement to continue with good neighborhood relations, which carried by a unanimous vote. The meeting was recessed at 11:48 a.m. and reconvened at 1:31 p.m. with all three Commissioners present. DISCUSSION re: Courthouse Security: Sheriff David Stanko, Judge Keith Harper, Judge Jill Landes, Auditor Rose Ann Carroll, Clerk Ruth Gordon, District Court Administrator Tracie Bick and Lead Assessor Technician Sherrie Shold attended an impromptu discussion with the Commissioners and County Administrator Philip Morley regarding security in the courthouse. The Elected Officials urged the Board of County Commissioners (BOCC) to take immediate action on securing the courthouse to prevent attacks on staff and for the interest of public safety. It was noted that there is budgeting in the fourth quarter of 2016 for courthouse security, but those in attendance at the meeting requested measures be taken immediately. County Administrator Morley thanked those who expressed concern and for putting the issue on the table. UPDATE re: North Pacific Coast Marine Resources Committee (NPC MRC): Environmental Specialist Tami Pokorny and NPC MRC member Jill Silver updated the Commissioners on the committee's activities. DISCUSSION re: AGREEMENT re: and Approval of Permission to Enter and Waiver of Liability for Knotweed Control, Hood Canal Salmon Enhancement Group; (Consent Agenda Item No. 9): Commissioner Johnson requested item be removed from the Consent Agenda so he could have a chance to address his questions. Having satisfied his concerns, he moved to approve the Agreement regarding Permission to Enter and Waiver of Liability for Knotweed Control with Hood Canal Salmon Enhancement Group. Commissioner Kler seconded the motion which carried by a unanimous vote. COUNTYADMINISTRA TOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Miscellaneous Items: • North Pacific Coast Marine Resources Committee (NPC MRC); continued discussion. • Boards and Commissions. The meeting was recessed at 11:48 a.m. and reconvened at 1:31 p.m. with all three Commissioners present. Page 5 Commissioners Meeting Minutes of December 7, 2015 d a' r ar 4�9M J Miscellaneous Items - continued: • Courthouse Security. • Island County legal representation. • Future climate issue. NOTICE OFADJOURNMENT: Commissioner Kler moved to adjourn the meeting at 4:20 p.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 David Sullivan, Chair Phil Johnson, Member Kathleen Kler, Member Page 6 District No. 1 Commissioner: Phil Johnson District No. 2 Commissioner: David W. Sulliv District No. 3 Commissioner: Kathleen KI CRAFT County Administrator: Philip Morley Clerk of the Board: Erin Lundgren MINUTES Week of December 14, 2015 Chairman David Sullivan called the meeting to order at the appointed time in the presence of Commissioner Kathleen Kler. Commissioner Johnson arrived later in the meeting. 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 requested lighting for the intersection at South Bay Lane and Paradise Bay Road in Port Ludlow; • The Noxious Weed Control Board Coordinator thanked the Commissioners for their support of the program; • A citizen commented on the proposed Fireworks Ordinance; • Two citizens commented on the status of obtaining a new Department of Community Development (DCD) Director; • A citizen voiced concern over turning the courthouse into a fortress and stated we do not need guns; and • A citizen commented on the proposed Animal Control Ordinance. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Chairman Sullivan noted an amendment to Item No. 5 regarding Call for Bids. Commissioner Kler moved to approve the items on the Consent Agenda as presented, with an amendment to Item No. 5 re: Call for Bids. Chairman Sullivan seconded the motion. The motion carried. 1. RESOLUTION NO. 53-15 re: Certifying the Special Taxing District Levies for Collection of Taxes in the Year 2016 2. RESOLUTION NO. 54-15 re: In the Matter of Finding and Determination to Declare Certain Personal Property as Surplus and Authorize Disposal 3. RESOLUTION NO. 55-15 re: Launch the 2016 Conservation Futures Fund Application Cycle 4. RESOLUTION NO. 56-15 re: Application of Grant Assistance to the Salmon Recovery Funding Board, Recreation and Conservation Office for the Salmon Creek Bridge Construction on West Uncus Road 5. CALL FOR BIDS re: Supply of Liquid Asphalt Products for Bituminous Surface Treatment for the Calendar Year of 2016; Bids Accepted Until 9:30 a.m. and Opened and Read Publicly at 10:00 a.m., or shortly thereafter on Monday, January 4, 2016 in the Commissioners' Chambers; Jefferson County Courthouse 6. AGREEMENT re: Oil City Road, Washout Emergency Repair Construction, M.P. 8.8; In the Amount of $125,000; Jefferson County Public Works; Seton Construction Page 1 Commissioners Meeting Minutes of December 14, 2015 J' Vk 7. AGREEMENT re: Improve Quilcene Sport Courts in Quilcene Community Park; In the Amount of $21,025.64; Jefferson County Public Works; Jefferson Healthcare 8. AGREEMENT, Change Order No. 3 re: Upper Hoh Road Culvert Replacement, M.P. 3.338, Project No. CRI 8960, Federal Aid Project No. PLH-A 160(001); Decrease Amount by $1,404.20 from $587,006.64 for a Total Project Amount of $585,602.44; Jefferson County Public Works; Rognlins, Inc. 9. AGREEMENT, Change Order No. 4 re: Upper Hoh Road Culvert Replacement, M.P. 3.338, Project No. CRI 8960, Federal Aid Project No. PLH-A 160; An Additional Amount of $25,000 from $585,602.44 to a Total Project Amount of $610,602.44; Jefferson County Public Works; Rognlins, Inc. 10. AGREEMENT re: Installation and Initial Testing of Changing Message Sign; No dollar Amount; Jefferson County Administrator; Jefferson Transit Authority 11. Approval of Jefferson County Public Official Position Schedule Bond #52BSBHB6126 Issued by Hartford Fire Insurance Company for the Treasurer, Clerk, Sheriff, Auditor, Prosecuting Attorney, Engineer, Commissioners #1, #2 and #3, Judge and Assessor 12. Payment of Jefferson County Payroll Warrants Dated December 4, 2015 Totaling $818,507.33 and A/P Warrants Done by Payroll Dated December 4, 2015 Totaling $754,818.43 APPROVAL of MINUTES: Commissioner Kler moved to approve the Regular Meeting minutes of September 14, 21, and 28, 2015 and October 5, 2015 as presented. Chairman Sullivan seconded the motion. The motion carried. DELIBERATION re: Adoption of the 2016 Jefferson County Budget. The Board held a public hearing and began deliberations on the 2016 Jefferson County Budget on December 7, 2015. The proposed Final 2016 Budget is a balanced budget using 2016 revenues and fund balance. Wages and salary adjustments are consistent with adopted collective bargaining agreements and also with Resolution No. 26-15 establishing objectives and procedures for the 2016 County Budget, including a 1.5% wage adjustment in 2016 for non-union employees. County Administrator Philip Morley reviewed the proposed resolutions for adopting the 2016 Budget, adopting a salary schedule for exempt employees, and updating the working capital reserve recommendation for each County fund. Commissioner Kler moved to approve RESOLUTION NO. 57-15 re: Adopting the 2016 Budget for the General Fund and Other Funds, and the 2016 Jefferson County Road Construction Program and 2016 County Capital Improvement Program. Chairman Sullivan seconded the motion. The motion carried. Commissioner Kler moved to approve RESOLUTION NO. 58-15 re: Adopting a Salary Schedule for the FLSA and Union Exempt Management and Professional Employees for 2016. Chairman Sullivan seconded the motion. The motion carried. Commissioner Kler moved to approve RESOLUTION NO. 59-15 re: Updating the Working Capital Reserve Recommendation for Each County Fund. Chairman Sullivan seconded the motion. The motion carried. Page 2 Commissioners Meeting Minutes of December 14, 2015 C I?r2dF7 �" COMMISSIONERS BRIEFING SESSION: The Commissioners reported on their meeting schedules. Commissioner Johnson joined the meeting at 9:52 a.m. The meeting was recessed at 10:00 a.m. and reconvened at 10:06 a.m. with all three Commissioners present. HEARING re: Proposed Ordinance Establishing Animal Control Regulations for Jefferson County: The first public hearing for a proposed Animal Control Ordinance was held on December 8, 2014 with the written record held open until December 31, 2014. Based on extensive review of and deliberation on the 2014 record, the County Commissioners amended the proposed ordinance, and the revised ordinance is subject to a new hearing. County Administrator Philip Morley, Chief Civil Deputy Prosecuting Attorney David Alvarez, Sheriff David Stanko and Animal Control Officer Alex Mintz were present. County Administrator Morley presented and discussed the draft ordinance noting some minor corrections. Chairman Sullivan opened the hearing for public testimony. Tom Thiersch, Jefferson County: He thanked the Commissioners for getting to it and getting work done on the Animal Control Ordinance. It has been 8 years in the making, but it's better late than never. That is better than the Noise Control Ordinance which took 10 years. Things are getting approved. He is particularly happy about the provisions regarding banning of animals in food establishments. Way too many people have their animals wandering where food is being served. That section of the ordinance is quite clear and unambiguous with no loopholes on the subject. It is about time. He stated that he listens to the afternoon County Administrator Briefing sessions and has heard much discussion on the ordinance and appreciates the time spent talking about the issue. He wished that the ordinance would also apply to the City of Port Townsend as well, but we can't have everything. He is concerned with two parts of the ordinance. It is a tough subject to determine if a dog, when off leash, is supposedly under control by a competent or incompetent person. How many times have you been walking along and someone's dog comes up and sniffs you, and the owner says "Don't worry, she's friendly"? He does not care how friendly the dog is, they are still sniffing him. He is not a dog person and does not appreciate that. He would like to see that section of the ordinance just say "off leash." It is unambiguous and not subject to interpretation. Some people can say that the animal is not bothering them. The animal bothers him though, and he should have a right to not be interfered by an animal when he is in a public area. He stated he may lose on that stance, but felt he needed to bring up the issue. The next concern is regarding enforcement and collection of fees. He has seen a situation where a stray animal has been picked up and taken to the shelter, and the animal's owner went to the shelter and gave them a sob story to get out of fees. Their animal ended up being picked up again and brought to the shelter and the same thing happened. The people that run the animal shelter are kind-hearted folks by nature, it's what they do. They tend to be susceptible to sob stories and give the benefit of the doubt to people way too many times. He would like to see some sort of history be kept so that repeat offenders can be tracked. The first Page 3 F SU, 7G Commissioners Meeting Minutes of December 14, 2015 ArT 4 �H1 nGZJ time could be a warning, but if it happens the second time and the owner pleads they are in poverty, well maybe there is something wrong with their whole situation. It needs to be addressed in enforcement. Thank you. John Austin Jefferson County: He stated there will be a continued problem with citizens bringing up changes that need to be made with the ordinance. The ordinance is imperfect, it is made by humans. It is ironic that some of the people wishing to see the ordinance passed today, will be the same people who will point out changes to the ordinance. These proposed changes may require another public hearing. This could go on and on. How do you determine if a person is competent to manage a dog? His grandson at the age of four claimed he was competent, and he does not believe he was. Psychologists make good money assessing people to declare whether they are competent to manage dogs or their own lives. He urged the Commissioners to pass the ordinance with its minor flaws, whatever they may be. The Sheriff is depending on this and many citizens want to get this done. The beleaguered County Administrator would love to get onto something else. By approving the ordinance, his long-delayed promise would come to fruition. Laurie Kraft Jefferson County: She stated that with respect to everyone's hard work and dedication to the proposed ordinance, the community needs to know that the County has an all -admittance shelter, also known as a kill shelter. There are kind people who run and work at the shelter for many years. It is up to one or two people to kill a cat or dog. If a dog is having a hard time at home and taken to the shelter for barking, they are at a high risk for death, especially if it is breed -specific. She would like that information to weigh on the Commissioners' hearts because the ordinance is aimed at barking dogs. She urged everyone to have a kind heart and know what is going on. Thank you for listening. Jean Ball, Chimacum: She stated that in the definitions section, animal is defined to include reptiles and amphibians. To include reptiles and amphibians in this section is absurd. Do we really have an issue with reptiles and amphibians? Are there lizards running free in the street? She does not believe it should be included in the definition. She has some frogs in a tank, but they do not get loose, and she has not heard of any amphibians or reptiles having any kind of issue. She noted that in reference to cats, the term non -feral does not have a definition. She suggests that be cleared up because the term is used later on in the Code. While hours are given, reasonable notice is not defined. Thank you. Ellen CrockettJefferson County: She stated that she brought up the idea of defining the term non -feral. She understands the intent of non -feral to define working farm cats, but they are not necessarily feral. There are farmers who may have a dozen cats. These cats all have names, they come when they are called, they are fed and cared for, but they are working cats. Feral means you cannot touch it. It has gone back to its roots. It is like a cat you would see out of the corner of your eye that lives in your barn, but it is not approachable. We are on shaky ground with farmers over the definition of the term "non -feral." Hearing no further comments, Chairman Sullivan closed the public hearing. Commissioner Johnson asked what is a potentially dangerous dog? What is potentially dangerous? Chief Civil Deputy Prosecuting Attorney David Alvarez replied that he believes that definition can be found in the statute. County Administrator Morley noted that Section 490 describes the process of determining if an animal is a potentially dangerous dog. Page 4 Commissioners Meeting Minutes of December 14, 2015 Commissioner Johnson stated there are many individuals with reptile referAAU h1ladty who had quite a few iguanas. Commissioner Kler noted that Center Valley Animal Rescue has taken in many reptiles from people who were unable to care for them. County Administrator Morley added that the definition of "animal" came directly from Washington State statute. Defining the term animal is unnecessary because the ordinance is only addressing domesticated animals which are cats or dogs and livestock, which reptiles are not. He does not believe there are standards or regulations that address reptiles. County Administrator Morley noted his two proposed amendments: • Amendment to reflect the correct date. • Add a paragraph #7 to Section 490 which would read "Animal Control shall establish and maintain a registry of potentially dangerous dogs." Chief Civil Deputy Prosecutor Alvarez stated that "potentially dangerous dogs" is a stepping stone to "dangerous dogs." If they are already in the "potentially dangerous dogs" category, the next time they do something, there will be a paper trail on that dog and its owner. It also allows the owners to be aware that the County believes they are in possession of a potentially dangerous dog. It also gives an owner the ability to appeal. He added that the dog could just have been having a bad day, for whatever reason. Commissioner Kler moved to adopt ORDINANCE NO. 10-1214-15 Establishing Animal Control Regulations for Jefferson County with amendments to the date and the addition of paragraph 7 in Section 490; a registry for potentially dangerous dogs. Commissioner Johnson seconded the motion which carried by a unanimous vote. The meeting was recessed at 10:51 a.m. and reconvened at 1:31 p.m. with all three Commissioners present. COUNTYADMINISTRATOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. BRIEFING re: Jefferson County Parks and Recreation Advisory Board; Capital Improvement Plan: District No. 2 Parks and Recreation Advisory Board (PRAB) Representative Gregory Graves introduced the PRAB members: Evan Dobrowski, Roger Hall, Jane Storm, Tim Thomas and Doug Huber. There are two vacancies that exist in District No. 3. The PRAB briefed the Board on their recommended prioritized capital improvement plan. There are grant funding opportunities and volunteers have stepped up to assist, but they requested more predictable financial support for capital maintenance and improvement. Parks and Recreation Manager Matt Tyler was present and distributed the PRAB's Capital Improvement Plan. County Administrator Philip Morley stated that prior to seeking grant funding, the Board will need to look at this request in more detail to see if it is a possibility. Page 5 Commissioners Meeting Minutes of December 14, 2015 DISCUSSION re: Courthouse Security: Superior Court Clerk Ruth Gordon and Auditor Rose Ann Carroll discussed the importance of courthouse security. They requested that funding for courthouse security happen sooner than the fourth quarter of 2016. The meeting was recessed at 2:48 p.m. and reconvened at 2:54 p.m. with all three Commissioners present. BRIEFING re: Proposed Sign Code Amendment JCC 18.30.150: Department of Community. Development (DCD) Associate Planner Joel Peterson briefed the Board on the proposed sign code amendment JCC 8.30.150. A hearing was held on November 4, 2015 on proposed text for a Board -sponsored amendment to the Unified Development Code to broaden the applicability of readerboard/changing message signs for public purpose entities. He reviewed a summary of the public comments received and briefed the Board on the Planning Commission's recommendation. Associate Planner Peterson presented DCD's policy regarding sign setbacks. The Board agreed that the governmental sign setback from a Limited Area of More Intensive Rural Development (LAMIRD) should be 150 feet based on staffs recommendation. The Board also agreed with DCD's Conditional Use Permit (CUP) process for governmental signs. The Board concurred to continue discussion on this issue in January 2016 to allow time to gather additional information. LETTER re: Crowberry Bog: Commissioner Kler discussed natural area reserves and read a proposed letter thanking the Washington State Department of Natural Resources (DNR) for their work on Crowberry Bog. Commissioner Johnson moved to approve sending the proposed letter to DNR. Commissioner Kler seconded the motion which carried by a unanimous vote. DISCUSSION re: Board of Natural Resources: The Commissioners discussed their views on Cowlitz County Commissioner Dennis Weber as a potential candidate to serve on the Washington State Board of Natural Resources. Commissioner Johnson moved to support Commissioner Weber. Commissioner Kler seconded the motion which carried by a unanimous vote. Page 6 Commissioners Meeting Minutes of December 14, 2015 Arm NOTICE OFADJOURNMENT: Commissioner Johnson moved to adjourn the meeting at 4:33 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Kler seconded the motion which carried by a unanimous vote. SEAL: ATTEST: Erin Lundgren, CMC Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Phil Johnson, Member Kathleen Kler, Member Page 7 District No. 1 Commissioner: Phil Johnson District No. 2 Commissioner: David W. Sullivan District No. 3 Commissioner: Kathleen Kler County Administrator: Philip Morley �" Clerk of the Board: Erin Lundgren MINUTES Week of December 21, 2015 Chairman David Sullivan called the meeting to order at the appointed time in the presence of Commissioner Phil Johnson and Commissioner Kathleen Kler. 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 is in favor of the proposed ordinance banning sky (fire) lanterns; and • A citizen wished everyone a happy winter solstice. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Johnson moved to approve all the items on the Consent Agenda as presented. Commissioner Kler seconded the motion with a request to remove Consent Agenda Items No. 9, 10 and 11 re: Memorandum of Understanding re: GR 31.1 between District, Juvenile and Superior Court and the Jefferson County Board of County Commissioners. Commissioner Johnson amended the motion as requested which carried by a unanimous vote. 1. RESOLUTION NO. 60-15 re: Adoption of the Jefferson County Cost Allocation Plan for Fiscal Years 2015 and 2016 2. RESOLUTION NO. 61-15 re: Repealing Resolution No. 33-15 and Delegating Certain Job Titles and Responsibilities to the Interim Director of Community Development, David Goldsmith 3. AGREEMENT, Amendment No. 1 re: Interim Director of Department of Community Development; Not to Exceed $54,800; Jefferson County Administrator's Office; David Goldsmith 4. AGREEMENT re: Healthy Communities Programs; In the Amount of $30,039.51: Jefferson County Public Health; Kitsap Public Health District 5. AGREEMENT NO. RCO 12-1384C, Amendment No. l re: Adjustment of Property Descriptions, Quilcene Acquisition; No Change in Dollar Amount; Jefferson County Public Health; Washington State Recreation and Conservation Office 6. AGREEMENT NO. LA -7591, Supplement No. 4 re: Access Preservation: Hoh Rainforest, Olympic National Park, Upper Hoh Road, M.P. 6.95, County Project No. CRI 896, Federal Aid Project No. PLH-A 160(001); An Additional Amount of $981,343; Jefferson County Public Works; Washington State Department of Transportation 7. AGREEMENT, Supplement No. 2 re: Collection System Design and Local Improvement District (LID) Support Services, Port Hadlock Waste Water Facility, Project No. 40516932; No Change in Dollar Amount, Extends Completion Date Only; Jefferson County Public Works; Tetra Tech, Inc. Page 1 Commissioners Meeting Minutes of December 21, 2015 8. MEMORANDUM OF AGREEMENT, Appendix A re: 2016 Faculty and Staff Salary Support; In the Amount of $137,911; Jefferson County Administrator; Washington State University (WSU) Extension 9. (DELETED) MEMORANDUM OF UNDERSTANDING re: GR 31.1, General Principles Regarding Access to Administrative Records; Jefferson County District Court and Jefferson County Board of Commissioners (Approved later in minutes) 10. (DELETED) MEMORANDUM OF UNDERSTANDING re: GR 31.1, General Principles Regarding Access to Administrative Records; Jefferson County Juvenile Court and Jefferson County Board of Commissioners (Approved later in minutes) 11. (DELETED) MEMORANDUM OF UNDERSTANDING re: GR 31.1, General Principles Regarding Access to Administrative Records; Jefferson County Superior Court and Jefferson County Board of Commissioners (Approved later in minutes) 12. Advisory Board Resignation re: Gardiner Community Center Board of Directors; Vice President, Joyce Posey 13. Payment of Jefferson County Vouchers/Warrants Dated December 14, 2015 Totaling $887,669.58 14. Payment of Jefferson County A/P Warrants Done by Payroll Dated December 5, 2015 Totaling $129,216.34 DISCUSSION re: Three Memorandum of Understandings re: 1) GR 31.1 General Principals Regarding Access to Administrative Records; Jefferson County District Court and Jefferson County Board of Commissioners; 2) GR 31.1 General Principals Regarding Access to Administrative Records; Jefferson County Juvenile Court and Jefferson County Board of Commissioners; and 3) GR 31.1 General Principals Regarding Access to Administrative Records; Jefferson County Superior Court and Jefferson County Board of Commissioners (Consent Agenda Items No. 9, 10 and 11): Chairman Sullivan stated that he talked to Chief Civil Deputy Prosecuting Attorney David Alvarez for clarification on the new judicial rules pertaining to General Rule (GR) 31.1 that goes into effect January 1, 2016 regarding public records requests of judicial records. County Administrator Philip Morley noted that certain judicial records are exempt. The new rule will lay out procedures for records that are subject to the Public Records Act (PRA). Commissioner Kler moved to approve the three memorandums of understanding with District Court, Juvenile Court and Superior Court. Commissioner Johnson seconded the motion which carried by a unanimous vote. APPROVAL of MINUTES: Commissioner Kler moved to approve the Regular Meeting minutes of October 12, 2015 as presented. Commissioner Johnson seconded the motion which carried by a unanimous vote. COMMISSIONERS BRIEFING SESSION. The Commissioners reported on their meeting schedules. Page 2 Commissioners Meeting Minutes of December 21, 2015 t The meeting was recessed at 9:33 a.m. and reconvened at 10:01 a.m. with all three Commissioners present. HEARING re: 411 Quarter Budget Appropriations/Extensions; Various County Departments: County Administrator Philip Morley reviewed various County department requests for 4th quarter 2015 budget appropriations/extensions. 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. County Administrator Morley explained that the 4th quarter supplemental covers both the General Fund and a variety of other departments. For the General Fund, there were union settlements done during the year and adjustments need to be made by the end of the year to ensure salaries and benefits are covered. He briefly reviewed the unanticipated revenues and expenditures of all funds. Chairman Sullivan opened the hearing for public testimony. Tom Thiersch, Jefferson County: He stated that he attends a lot of different agency meetings around the area and Jefferson County's quarterly budget extensions and updates is almost unique, in the amount of detail and effort put into keeping the public informed. It depicts how the budget fluctuates throughout the year. The biggest agency in this area not doing this procedure is the Public Hospital District. They cast their budget once per year and they do a monthly report. The report lists variations on what they spent more or less on. They never do a budget revision throughout the year. They have no visibility of where the overages and shortages are, making it extremely opaque. Other agencies do not do a whole lot better. Jefferson County seems to do about the best job of reporting these things. The bar and its opaqueness is a different issue, but the County does not have much choice about that. He expressed appreciation for the amount of information that is made available. Bruce Cowan, Port Townsend: He congratulated the County Administrator on the accuracy of the budget and how little adjustment is needed over the course of the year. He stated that it sounds like we are in very good shape. He appreciates the openness and the quarterly review that is provided and serves the public interest greatly. He is in favor of the Public Infrastructure Fund project moving forward. It is important to economic development and housing. He is hoping to see more developments in that area. John Fabian, Port Ludlow: He stated that he appreciates the effort that goes into the budget. Thank you. Hearing no further testimony, Chairman Sullivan closed the public hearing. Commissioner Kler moved to approve RESOLUTION NO. 62-15 re: Budget Appropriations/Extensions; Various County Departments. Commissioner Johnson seconded the motion which carried by a unanimous vote. The meeting was recessed at 10:19 a.m. and reconvened at 10:32 a.m. with all three Commissioners present. Page 3 Commissioners Meeting Minutes of December 21, 2015' HEARING re: Proposed Ordinance Banning Sky Lanterns/Fireworks: The proposed ordinance would ban sky lanterns in unincorporated Jefferson County and provide for the banning of fireworks in unincorporated Jefferson County when a State of Extreme Fire Danger is declared by resolution. County Administrator Philip Morley explained that if approved, the ordinance would ban sky lanterns immediately. Per state law, there is a one year lead time before an ordinance can go into effect regarding the banning of fireworks. The proposed ordinance would create a new chapter in the Jefferson County Code titled Fireworks and Sky Lanterns. County Administrator Morley reviewed all the sections of the proposed ordinance. Chairman Sullivan opened the hearing for public testimony. John Fabian, Port Ludlow: He appreciates the proposed ordinance and believes it is very important when it comes to the future of Jefferson County. He has found sky lanterns on his own property. In one instance, the sky lantern was still burning and located in the brush between his house and the water. He has observed the launching of these lanterns at his neighbor's property and has witnessed them going across the bay and into the woods, still burning. He agrees with the words in the preamble which refer to both state and federal fire officials urging that sky lanterns be considered hazardous and dangerous, because they are. The ordinance only refers to legal fireworks. There is a huge problem with illegal fireworks which are outlawed and illegal to own. These fireworks are getting fired off every 4t' of July and New Year's Eve and other holidays throughout the year. These types of fireworks cannot be possessed by any citizen of the State of Washington except for those on an Indian Reservation. Yet, they are still fired. It is because of ignorance and indifference to the laws of the State by people who use them. In addition to the important work on the ordinance, he urged the Commissioners to work with fire officials and the Sheriff's department to make sure the laws of the State are enforced regarding illegal fireworks. Tom Thiersch Jefferson County: Mr. Thiersch stated that hikers often carry flares for signaling emergency purposes and that "Section 5: Acts not prohibited" should include the use of flares as an allowed usage. Flares are not just for vessels and transportation, but also for people who are hiking out in the wilderness that may need to signal for help. He has seen many references to that on hiking websites. More worrisome, is the definition of a sky lantern. There are many examples on Google of "remote controlled hot air balloons." People are creating propane -powered hot air balloons, similar to a gondola, except for the fact that they are remotely -controlled like a drone. The problem is, drone is not defined in this ordinance. Under definitions, the proposed ordinance states that "... shall not includes drones." He suggested that the County define what "drone" is. Having a drone with the ability to have flame onboard, is a problem. If your radio -controlled drone — or remote-controlled hot air balloon - has a propane burner on it and gets out of radio range or the batteries on the radio control die, it can float off with the propane still burning, it becomes another sky lantern that will come down and cause a problem. He urged the County to pay more attention to the definition of sky lanterns and drones and tighten up the ordinance a bit. The sky lantern portion of the ordinance can be amended at any time, without waiting a year for it to take effect. Alden Johnson, Port Ludlow: He noted that a couple weeks ago he expressed concern regarding the proposed ordinance which only intends to ban sky lanterns in unincorporated Jefferson County, which would mean that City of Port Townsend residents are free to launch them. They could come across into Page 4 Commissioners Meeting Minutes of December 21, 2015 Jefferson County. They can cross County boundaries. He was told he needs to contact the City of Port Townsend. He spoke with Chief Civil Deputy Prosecutor David Alvarez who informed him of how local government works and told him that the City of Port Townsend is a separate government entity and that Jefferson County does not have much control over that. Chief Civil Deputy Prosecutor Alvarez recommended that Mr. Johnson contact the City Attorney. He stated that he did contact the City Attorney and filled out a public comment form. He has received no response. He urged the Commissioners to speak to the City of Port Townsend compatriots and suggest that they adopt a similar ordinance. There is not much control over other counties and sky lanterns will cross county boundaries, but restricting it to just unincorporated Jefferson County is limiting. Commissioner Kler responded that based on Mr. Johnson's previous comments made regarding his sky lantern concerns, she spoke unofficially with some of her compatriots on the City council who asked to see the template of the ordinance. They have since received the template and are considering it at the City level. Bruce Cowan, Port Townsend: He thanked County staff for working on the proposed ordinance. This is a common sense approach to a very real problem. He complimented the County Commissioners for taking a citizen idea through to completion. This was a citizen idea that was brought forward to the Commissioners and he is very proud of the follow through. Thank you. Hearing no further testimony, Chairman Sullivan closed the public hearing. Commissioner Johnson stated he will be bringing a copy of Jefferson County's proposed ordinance to his meeting with the City of Port Townsend Mayor on December 22, 2015. Chairman Sullivan noted that on the issue with drones, all aspects of drone use are quickly changing. Realtors are using drones to take photographs. He is starting to see how they are being utilized in all aspects. He added that Jefferson County hasn't had a major forest fire in a long time, but concerns about that are changing. Commissioner Kler stated Representative Kevin Van de Wege and Representative Steve Tharinger are feeling pressure to address the one year waiting period regarding fireworks. She hopes that the issue will be addressed at the state level. Commissioner Kler suggested taking out the word "unmanned" in the definitions section regarding sky lanterns. She proposed that the definition would read "Sky lanterns means any device with a fuel source that incorporates an open flame..." County Administrator Morley noted that the proposed verbiage change would eliminate balloons if the term "unmanned" were to be removed. He believes that Mr. Thiersch's comment was referencing taking away the exception for drones. Most drones that County Administrator Morley knows are electrical. Some are internal combustion, but that is not an internal flame, so they would not be prohibited. He suggested that the Commissioners could strike the drone exception from the definition. Commissioner Kler stated that fine-tuning this ordinance can be done at a later date, the importance is getting the ordinance on the record. Commissioner Kler moved to strike the phrase "This definition shall not include drones." from Section 1: Definitions, subsection C. County Administrator Morley stated that by excluding that phrase, year - Page 5 Commissioners Meeting Minutes of December 21, 2015 round, under all conditions, remote controlled balloons, or hot-air balloons would be prohibited. Commissioner Johnson stated that is a good thing. Chairman Sullivan clarified that it would be referring to the unmanned balloons only. The Board agreed. Commissioner Johnson stated he is stunned by the fact that people have to be told not to send off their open flames in a totally dry season like last year. Commissioner Kier reiterated her motion to strike the phrase "This definition shall not include drones." from Section 1: Definitions, subsection C. Commissioner Johnson seconded the motion. Chairman Sullivan called for a vote on the motion. The motion carried by a unanimous vote. Chairman Sullivan asked if there were more amendments? Commissioner Kler stated that under Section 5 under "Use of flares" if hikers needed to use flares, that would be an emergency situation. What happens with the insertion of the word "emergency" before the word "flares?" County Administrator Morley looked up the exemptions under RCW 70.77.3 11 which does not speak to flares or fuses. Commissioner Johnson stated that a hiker in the forest could potentially set a flare off into dry kindling. Chairman Sullivan stated there are other ways to signal an emergency such as flashlights and other signal devices. County Administrator Morley suggested using the term "for emergency signal purposes." Commissioner Kler made a motion to insert the word "emergency" in Section 5, under "Acts not prohibited," so it will read "...for emergency signal purposes or illumination." Commissioner Johnson seconded the motion. County Administrator Morley asked for more time to research the proposed verbiage change. County Administrator Morley stated that the comment made during public testimony referenced the inability for hikers to use emergency flares. He noted that while verbiage could be added to address that request, the Commissioners need to decide if during an extreme fire danger season, should an emergency flare be used if it could result in a forest fire? It would be the discretion of the hiker or motorist to determine what constitutes an emergency. If the Commissioners decided to go forward with that idea, he suggested inserting a comma after "...or for use in forest protection activities," or using the term "for use by others for emergency signal purposes," or "for those uses described in RCW 70.77.311." Commissioner Kler withdrew her motion. County Administrator Morley read the proposed change to Section 5: "This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, motor or sail vessels, or other transportation agencies for signal purposes or illumination or for use in forest protection activities, or for use by others for emergency signal purposes, or for those uses described in RCW 70.77.311." Commissioner Kler moved to approve the aforementioned amendment to Section 5 as proposed by County Administrator Morley. Commissioner Johnson seconded the motion which carried by a unanimous vote. Commissioner Kler asked Chief Civil Deputy Prosecuting Attorney David Alvarez if the sale of sky lanterns could also be banned in Jefferson County? Chief Civil Deputy Prosecutor Alvarez responded that he does not believe that would be allowable. Commissioner Kler asked if the sale of fireworks could Page 6 PEI, OZn Commissioners Meeting Minutes of December 21, 2015 4C PRAFT P�rNi w��SU be prohibited? Chief Civil Deputy Prosecutor Alvarez replied that the sale of fireworks is different and falls under RCW 70.77. County Administrator Morley noted there is a scrivener's error in the proposed ordinance's first Whereas. The word "Cod" should read "Code." He stated that it should be understood that in approving the ordinance, staff is given the ability to correct the scrivener's error. Commissioner Kler moved to adopt ORDINANCE NO. 12-1221-15 Banning Sky Lanterns in Unincorporated Jefferson County and Providing for the Banning of Fireworks in Unincorporated Jefferson County when a State of Extreme Fire Danger is Declared by Resolution, with edits. Commissioner Johnson seconded the motion which carried by a unanimous vote. EXECUTIVE SESSION. An Executive Session was scheduled from 11:00 a.m. to 11:45 a.m. with the County Administrator, Deputy Prosecuting Attorney and Sheriff 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 11:11 a.m. to 11:50 a.m. At the conclusion of the Executive Session the Board resumed the regular meeting. The meeting was recessed at 11:51 a.m. and reconvened at 1:33 p.m. with all three Commissioners present. COUNTYADMINISTRA TOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Miscellaneous Items: Commissioner 2016 assignments to boards and committees. Storm damage to County roads; Public Works Director/County Engineer Monte Reinders, Engineering Services Manager Eric Kuzma and Chief Civil Deputy Prosecuting Attorney David Alvarez were present for the discussion. Discussed Undie Road; status and options, Oil City Road (Milepost 9), Snow Creek Road Culvert (Milepost 0.84), Upper Hoh Road (Milepost 9.7) and Dosewallips Road (Milepost Follow up items: Legal options, liability and public duty doctrine.) Chief Civil Deputy Prosecutor Alvarez will follow up with outside counsel. Public Works staff and Director Reinders will research alternative access and funding options. Director Reinders will prepare summary of funding applications for federal/state lobbying by the Commissioners. In 2016, Public Works staff and County Administrator Morley will develop a policy framework and options for addressing these kinds of situations when faced with high or continued costs for emergency repairs for roads with limited traffic. • Donkey Creek supplemental funding request by the Pacific Coast Salmon Coalition. • Commissioner 2016 assignments to boards and committees; continued discussion. • Letter to Island County regarding legal representation. • Port Ludlow Associates (PLA); mediation date clarification. Tentative date is January 27, 2016. Page 7 - wti Commissioners Meeting Minutes of December 21, 2015 _^ • Hoh River Trust; potential changes. • County Director Search and Request for Proposals from an Executive Search Firm. NOTICE OFADJOURNMENT. Commissioner Johnson moved to adjourn the meeting at 4:29 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Kler seconded the motion which carried by a unanimous vote. SEAL: ATTEST: Carolyn Avery Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Phil Johnson, Member Kathleen Kler, Member Page 8