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HomeMy WebLinkAbout092616_cab01District No. 1 Commissioner: Phil Johnson District No. 2 Commissioner: David W. Sullivan District No. 3 Commissioner: Kathleen Kler DRAFT County Administrator: Philip Morley Clerk of the Board: Erin Lundgren MINUTES Week of September 12, 2016 Madam Chair Kathleen Kler called the meeting to order at the appointed time in the presence of Commissioner David Sullivan. Commissioner Phil Johnson participated via telephone conference call. 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 urged the Commissioners to do what they can to expand conservation areas, stating that once they are lost, they are lost forever; • A citizen stated he is pleased with the new Public Work's staff member assigned to work on the Olympic Discovery Trail; • A citizen stated that he is the Ocean Grove Homeowner's Association Manager and he would like their request for a No Shooting Zone to be fast -tracked as they applied 17 months ago; and • A citizen: 1) Reminded the Board that Jefferson County has a Petition Review Committee which has been utilized in the past to review No Shooting Area petitions; and 2) Stated that The National Shooting Sports Foundation has partnered with the American Foundation for Suicide Prevention and are developing a four -state pilot program. He submitted his research on suicide, per a previous request made by Madam Chair Kler. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Sullivan moved to approve all the items on the Consent Agenda as presented. Commissioner Johnson seconded the motion which carried by a unanimous vote. 1. AGREEMENT NO. IAA17471, Interagency re: Court Appointed Special Advocates (CASA) Guardian Ad Litem Program Support; In the Amount of $41,530; Jefferson County Juvenile Services; Washington State Administrative Office of the Courts 2. AGREEMENT re: Plans Examiner Training; In the Amount of $3,500; Jefferson County Department of Community Development; West Coast Code Consultants, Inc. (WC -3) 3. Advisory Board Resignation re: Solid Waste Advisory Committee (SWAC); District No.l Representative, Henry Fly 4. Advisory Board Reappointment re: Solid Waste Advisory Committee (SWAC); Two (2) Year Term to Expire February 13, 2018; D.M. - Murrey Disposal Alternate Representative, Chad Young 5. Advisory Board Appointment re: Solid Waste Advisory Committee (SWAC); Two (2) Year Term to Expire September 12, 2018; Skookum Recycle Alternate Representative, Robin Merrell 6. Payment of Jefferson County Vouchers/Warrants Dated September 7, 2016 Totaling $49,297.08 Page 1 Commissioners Meeting Minutes of September 12, 2016 7. Payment of Jefferson County Payroll Warrants Dated Seaiber tal g $786,152.21; Dated September 6, 2016 Totaling $751.45; Dated SeptembeVW,12016 Totaling $317.93 and A/P Warrants Done by Payroll Dated September 2, 2016 Totaling $846,269.47 APPROVAL of MINUTES: Commissioner Sullivan moved to approve the Regular Meeting minutes of June 13, 20 and 27, 2016 and July 5 and 11, 2016 as presented. Commissioner Johnson seconded the motion which carried by a unanimous vote. COMMISSIONERS BRIEFING SESSION and CALENDAR COORDINATION: The Commissioners reported on their meeting schedules. Below is a list of the upcoming meetings and events the Commissioners and/or the County Administrator will be attending in the near future: • Olympic Community of Health meeting • Hood Canal Coordinating Council meeting • Substance Abuse Advisory Board meeting • Chamber of Commerce Mixer • Chimacum Prevention Coalition meeting • Energy Luncheon • Jefferson County Board of Health meeting • Olympic Region Clean Air Agency meeting • Business Leaders Luncheon • Coordinated Community Response Team meeting • Peninsula Regional Transportation Planning Organization meeting • Salmon Recovery Group celebration • Meeting with Port Commissioner and new Port Director The meeting was recessed at 9:50 a.m. and reconvened at 10:00 a.m. with Madam Chair Kler and Commissioner Sullivan present. Commissioner Johnson joined the meeting at 10:07 a.m. via telephone conference call. HEARING re: 2017-2022 Six -Year Transportation Improvement Program (TIP): Madam Chair Kler explained that RCW 36.81.121 requires a public hearing be held prior to the annual adoption of a six-year transportation improvement program. The purpose of the law is to "assure that each County shall perpetually have available advanced plans looking to the future for not less than six years as a guide in carrying out a coordinated transportation program." Jefferson County's TIP relies heavily on the availability of outside grant and program funding from the State and Federal government. Fiscal impact is evaluated through the annual budgeting process including adoption of an Annual Road Construction Program. Public Works Director/County Engineer Monte Reinders, Engineering Services Manager Eric Kuzma, and Transportation Planning Engineer Zoe Lamp were present for the hearing. Director Reinders stated that the first intent of the TIP is to implement the goals of the Comprehensive Plan and the transportation element within that plan. He explained that Jefferson County's level of Page 2 Commissioners Meeting Minutes of September 12, 2016 NOT - development does not create an identifying impact within the Com e ensive Plan, like larger counties. A priority system is used to determine needs, but the lack of local funds does not allow there to be much debate on where to spend that funding. Most of the TIP becomes a grant -funded program, and it comes down to which state and federal grants are available for the County's projects. Limited local funds are often used to match those grants. Director Reinders stated that often these state and federal grants are to fund culverts for fish passage or bridges within the County. He added that there is a lack of local funding to support capital improvement projects. Ms. Lamp gave a power point presentation which outlined Public Works' Emergency Projects, Regular Construction, Planning and Preliminary Engineering, and Emergent Projects. There are a total of 27 TIP projects located throughout Jefferson County. Of those projects, 16 do not have secured funding. Ms. Lamp stated that the 2017-2022 TIP fund is in a downward trend. Director Reinders stated that Public Works has been managing this decrease by cutting back on projects such as chip -sealing and mowing less. Funding maintenance, construction and preventative projects are a concern to Public Works. He added the importance of chip -sealing roads and noted that the County currently does half the chip -sealing they used to do, compared to 15 years ago. Ms. Lamp stated that the purpose of transportation planning is to develop strategies to meet transportation needs. The strategies address current and future land use, economic development, traffic demand, public safety, health and social needs. Public Works staff will be working on the transportation element of the Comprehensive Plan Update, and the Port Hadlock and Irondale Urban Growth Area (UGA) transportation plan. Ms. Lamp noted that the Washington State Department of Transportation (DOT) has a project on their TIP that involves the intersection at Highway 104 and State Route 19. DOT has already obtained funding for the project and design will begin in 2019. Madam Chair Kler opened the hearing for public testimony. Hearing no comments, she closed the public hearing. Commissioner Sullivan moved to approve RESOLUTION NO. 34-16 adopting the 2017-2022 Six - Year Transportation Improvement Program. The Commissioners awaited a response from Commissioner Johnson via telephone. Hearing no response, Madam Chair Kler seconded the motion. The motion carried. After Madam Chair Kler complimented the Public Works department for their hard work and knowledgeable crew, Commissioner Johnson was heard on the telephone line. He stated that he voted in favor of the motion, but was not heard. With that, Madam Chair Kler declared the Resolution passed unanimously. The meeting was recessed at 11:00 a.m. and reconvened at 1:33 p.m. with Madam Chair Kler and Commissioner Sullivan present. Commissioner Johnson joined the meeting in-person at 1:34 p.m. Page 3 Commissioners Meeting Minutes of September 12, 2016 DISCUSSION (Continued from July 5, 201 Prole m p4ttjrney's Office Staffing and Vacant Positions: Chief Deputy Prosecuting AyMey (DPA) Julie St. Marie attended the meeting in the absence of Prosecuting Attorney Michael Haas. She stated she would be filling in as proxy for Prosecutor Haas. Chief DPA St. Marie stated that Prosecutor Haas has narrowed his job search for the position of Civil DPA to one candidate. That candidate is only interested in taking the position if he is offered $103,000 per year. She briefly reviewed the other candidates for the position and why they did not meet Prosecutor Haas' criterias. Chief DPA St. Marie noted that if the candidate is hired at the rate of pay he is requesting, it would necessitate the need to give her a salary increase, as she will be supervising him. Madam Chair Kler stated while she appreciates Prosecutor Haas working on this issue given his current health issues, she has specific questions for him regarding how he has presented the potential candidates as well as other concerns that she would like him to address. She noted that the County is without a Civil DPA, and that is of increasing concern to everyone. Madam Chair Kler read from RCW 36.27.020 in which the duties of the Prosecuting Attorney are listed as being: 1) The advisor to the legislative authority; 2) The advisor to all County and precinct officers, drawing up instruments in the use of said officers; 3) Appears for the County in civil proceedings; and 4) Includes both criminal and civil actions. She added that the duties that are required to be performed by the Prosecuting Attorney for County civil matters are important, and the needs are stacking up. Chief DPA St. Marie stated that Prosecutor Haas made it very clear to her that she is to cease performing all civil aspects of her duties. This includes the review of contracts and Public Records Act (PRA) requests. Madam Chair Kler stated she is very disappointed to hear that. County Administrator Philip Morley stated that he is more than disappointed. He is troubled that Prosecutor Haas gave that direction to his staff, adding that it appears to be a refusal to perform statutory responsibilities. It comes at a time when Prosecutor Haas has allowed staff to attend training. While training is important, County Administrator Morley believes that if it comes at the expense of performing core functions of the Elected Prosecuting Attorney, that is not acceptable. Chief DPA St. Marie stated that Prosecutor Haas would argue that the lack of a civil attorney is a direct result of inadequate funding for that position. In reference to the training, it was for an attorney who was in much need of litigation training. She stated that Prosecutor Haas' stance is that the criminal function of the Prosecutor's Office is more important because it directly affects public safety. County Administrator Morley noted that it is not about working on criminal issues versus civil issues, as Prosecutor Haas has outlined. He hopes that the Prosecutor is able to manage his resources and bring in clerk hires and clerk hire attorneys as necessary to cover the requirements of his office. Chief DPA St. Marie noted that while she has not relayed to Prosecutor Haas that she is unable to take on civil matters, he does recognize that she has a number of multi -victim child rape cases coming up for trial. This includes a lot of briefing and preparation time for each case. She added that she is unaware if Prosecutor Haas has sought hiring clerk hires to assist the staff. Page 4 Commissioners Meeting Minutes of September 12, 2016 C—nRAFT- Madam Chair Kler noted that she would like to schedule an Executive Session about other concerns she has regarding hiring in the Prosecutor's Office. She added that she will do what she has to do to make sure that her concerns are heard. County Administrator Morley explained that this is not the first time Prosecutor Haas has essentially threatened or held the civil function hostage in this process, even prior to advertising for the position of Civil DPA. Advertising for that position did not occur until after a meeting with other Elected Officials and Department Directors on July 5, 2016. Chief DPA St. Marie stated that Prosecutor Haas would object to that characterization. Madam Chair Kler noted that he can object, but there is documentation to support the fact that Prosecutor Haas has skirted procedure, asked for forgiveness, then proceeded to do it again. The Commissioners thanked Chief DPA St. Marie and stated that their comments and concerns are not directed at her. Commissioner Sullivan stated that he has concerns he would like to address directly to Prosecutor Haas. He noted that before Prosecutor Haas took his position as the Elected Prosecutor, there were quite a number of people who were working in that office for the pay they were receiving at that time. There has been quite a number of turnover in that office and Prosecutor Haas needs to take a look in the mirror and ask "Why am I having trouble retaining my employees?" and "What do I need to change about how that goes?" Commissioner Sullivan explained that the County has 10% fewer employees than it had in 2008 and because of that, there are a lot of positions that could be filled to provide more service to citizens. He added there are also a lot positions where salaries could be raised. It is not just about the Prosecutor's Office and what Prosecutor Haas wants. Chief DPA St. Marie discussed two positions in the Prosecutor's Office and why Prosecutor Haas would like to see their pay increased. She added that she believes the Prosecutor's Office should also hire a paralegal and gave reasons why that position would be beneficial to the department. Chief DPA St. Marie stated that while Prosecutor Haas very much appreciates the goodwill intent of the Commissioners to approve higher incoming wages for certain positions within the Prosecutor's Office, it has created a disparity among staff. Madam Chair Kler explained that when Prosecutor Haas rallied for those wage changes in his office, he based it on his concern for the morale and disparity in the office at the time. She added that those with much more experience in terms of union positions, steps and wages, advised Prosecutor Haas as to some of the consequences he is now experiencing. Chief DPA St. Marie stated that when it comes to salaries, she sees a disparity in terms of gender equity. She noted that a Mechanic I position starts at a greater salary than the Senior Legal Assistant. She does not believe that is fair and added that it is in the County's best interest to address the inequities in pay. Commissioner Sullivan stated that the County does have someone who is responsible for all the positions within the Prosecutor's Office, and that is Prosecutor Haas. Any work that he decides not to assign to someone, is his, and that should be his understanding. Chief DPA St. Marie replied that as an emissary of the office, she and staff are concerned as they are unsure as to when Prosecutor Haas may return in full capacity. Page 5 Commissioners Meeting Minutes of September 12, 2016 The meeting was recessed at 2:07 p.m. and reconvened at 2:12 p.m. with all three Commissioners present. PRESENTATION re: Expansion of Two Conservation Areas in Jefferson County: 1) Devils Lake Natural Resources Conservation Area and Dabob Bay Natural Area: John Gamon of the Washington State Department of Natural Resources (DNR) Natural Heritage Conservation Office briefed the Board on the proposed expansion of two conservation areas within Jefferson County. Madam Chair Kler acknowledged County staff and individuals in the audience as Dr. Fayette Krauss, Olympic Forest Coalition Executive Director Dr. Patricia Jones, Assessor's Office Chief Deputy/Office Supervisor Sherrie Shold and a reporter from a local newspaper. Mr. Gamon explained that when the Devil's Lake Natural Resources Conservation Area was originally inventoried for heritage features such as rare species and high quality ecosystem types, the actual occurrences of those features of interest to them extended out into the current trust land, which is driving the proposed expansion of that area. Mr. Gamon stated that Dabob Bay Natural Area is sought for their future plans. In 50-100 years, there is a vision to create a larger site that is viable, that the current ecosystem could mature, grow into and function on its own. There is a lot of additional shoreline that would be acquired in this expansion. Within the area there are also a couple of high quality natural condition forests. Mr. Gamon added that there are plans to possibly connect Dabob Bay with the Hood Canal, including the Thomdyke Bay Estuary. As part of the proposed expansion process, the DNR Natural Heritage Conservation Office has a fairly involved public process, which Mr. Gamon explained to the Commissioners. County Administrator Philip Morley discussed concerns over the proposed expansion area properties coming out of Jefferson County's tax base. The Commissioners also explained their concerns and Mr. Gamon stated that all concerns will be reviewed with DNR Commissioner of Public Lands Peter Goldmark prior to a boundary decision. Mr. Gamon stated that the first step in turning County lands into State forest transfer lands from County ownership is to turn the land into Common School Trust lands, which requires an inter -grant exchange. There has to be enough Common School Trust land elsewhere in Jefferson County to do the swap. If there is not enough Common School Trust land within a junior taxing district, then they look somewhere else in the County, and if none is found, they cannot do the transfer. County Administrator Morley asked if DNR has looked to see how much candidate Common School Trust lands there are within the affected fire districts to be able to do the transfer, while being mutual to the taxing districts? Mr. Gamon replied that DNR has taken the first step which is to calculate the districts, and there is enough Common School Trust land acreage to accommodate a transfer. They still need to look to at additional land attributes, which they have not yet completed. County Administrator Morley asked if Common Trust would ever consider purchasing appropriate property within Port Ludlow Fire District to create Common School Trust land and then doing a Trust Page 6 7 Commissioners Meeting Minutes of September 12, 2016f DRAFT Land Transfer (TLT)? He added that it is a relatively small amount and could alleviate any concerns for a TLT in that area. Madam Chair Kler noted the Port Ludlow timber harvest situation and wondered if there was a possibility to somehow work that into County Administrator Morley's idea. County Administrator Morley stated that Pope Resources has land in the Port Ludlow area and residents there are concerned that those lands could face conversion pressure in the future. If those were to go into a trust instead, that would close the door on that. The Commissioners and County Administrator Morley discussed the idea further and Mr. Gamon stated that he would present the idea to DNR Commissioner Goldmark. The Commissioners and County Administrator gave a list of constituents that would more than likely wish to be notified regarding the upcoming DNR public meeting on this topic in Quilcene on September 28, 2016. The meeting was recessed at 3:02 p.m. and reconvened at 3:18 p.m. with Madam Chair Kler and Commissioner Sullivan present. Commissioner Johnson was absent. LETTER re: Jefferson County Civil Matters: County Administrator Philip Morley stated that the Commissioners may wish to officially respond to Prosecutor Haas' statements regarding the ceasing of the handling of any civil matters by his office until a Civil Deputy Prosecuting Attorney (DPA) is hired. Per Chief DPA Julie St. Marie, the entire Prosecutor's Office staff has been told not to address any County civil matters. Commissioner Sullivan stated that the need to address civil matters happens every day. He is concerned about the time it will take to work through this issue and suggested quoting RCW 36.32.200 which refers to seeking the endorsement of the presiding Superior Court Judge to contract directly for Civil representation for the County government. While County Administrator Morley suggested giving Prosecutor Haas time to respond prior to quoting RCW 36.32.200 in the letter, Madam Chair Kler stated she agreed with Commissioner Sullivan and preferred giving all the information in the same letter. Commissioner Sullivan stated that it becomes an issue when the Prosecutor is out for an undetermined amount of time. County Administrator Morley noted that Chief DPA St. Marie is Prosecutor Haas' designee, but he has instructed her not to review any civil matters. County Administrator Morley outlined potential items to include in the letter addressing Prosecutor Haas' statement regarding civil matters as follows: • Concerns regarding the withholding of all civil functions of his office • Noting this is the second such threat of withholding civil functions • Reminder of the statutory function to provide civil review as a critical function • The County continues to work with him regarding the hiring of a Civil DPA • Withholding of civil function is unacceptable • Ask about the cancellation of staff training • The possibility of hiring additional clerk hire staff Page 7 Commissioners Meeting Minutes of September 12, 2016 • Reaching out to Prosecuting Attorneys in adjacent jurisdidOW forl'sMiWce • Question if there is indeed "zero" capacity for his staff to handle civil matters Re"]"L Commissioner Sullivan stated that Prosecutor Haas has assured the Commissioners that any duties not covered by his staff, he would cover. Duties are not being covered during his absence. Commissioner Sullivan moved to allow the County Administrator, with the assistance of the Chair, to draft a letter with the aforementioned key points regarding civil matters, to be prepared for all three Commissioners to sign. Madam Chair Kler seconded the motion. The motion carried. County Administrator Morley noted that going to a judge would be the last resort, but a necessary one if the Prosecutor wishes to maintain his stance against no civil review assistance. COUNTYADMINISTRA TOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Miscellaneous Items: • Safe Harbor; Terminated • Brinnon Parks and Recreation District; levy amount and location for meetings Calendar Coordination - Continued: Below is a list of the upcoming meetings and events the Commissioners and/or the County Administrator will be attending in the near future: • Meeting with Port Commissioner and new Port Director • NAMI Conference; tentative • Board of Health meeting • Jefferson County Mental Health Board meeting • Washington State Association of Counties (WSAC); Growth Management Act (GMA) subcommittee meeting • WSAC GMA hearing; tentative • Washington State Auditor's Office Exit Conference; tentative • Government -to -Government meeting with Quinault Nation • Department of Community Development and Planning Commission meeting in Brinnon Page 8 Commissioners Meeting Minutes of September 12, 2016 H,r NOTICE OFADJOURNMENT: Commission ullivan moved to adjourn the meeting at 4:11 p.m. until the next regular meeting or special meeting as properly noticed. Madam Chair Kler seconded the motion. The motion carried. SEAL: ATTEST: JEFFERSON COUNTY BOARD OF COMMISSIONERS Kathleen Kler, Chair David Sullivan, Member Carolyn Avery Phil Johnson, Member Deputy Clerk of the Board Page 9