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HomeMy WebLinkAboutM122115District 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. 1 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 +4�,,VV COG Commissioners Meeting Minutes of December 21, 2015 'k 1 'NUSJ 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 The meeting was recessed at 9:33 a.m. and reconvened at 10:01 a.m. with all three Commissioners present. HEARING re: 41h 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 4t" 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 Kler 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 Commissioners Meeting Minutes of December 21, 2015 J" 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 4h 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 Countv: 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 include 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 • Hoh River Trust; potential changes. • County Director Search and Request for Proposals from an Executive Search Firm. NOTICE OFAD.JOURNMENT. 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. ATTEST: Carolyn A ry Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF 00MMISSIONERS Davie Phil J Kathleen Kler, Member Page 8