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HomeMy WebLinkAbout040918_cbs010� COM IiS'District No. 1 Commissioner: Kate Dean SON COGf�� District No. 2 Commissioner: David W. Sullivan District No. 3 Commissioner: Kathleen Kler 41 p�q ti County Administrator: Philip Morley Clerk of the Board: Erin Lundgren �SLIINCI�0 MINUTES Week of January 2, 2018 Madam Chair Kler called the meeting to order at the appointed time in the presence of Commissioner David Sullivan and Commissioner Kate Dean. REORGANIZATION of the BOARD: Commissioner Dean moved to nominate Commissioner David Sullivan to serve as the Chair of the Board of County Commissioners for 2018. Commissioner Kler seconded the motion which carried by a unanimous vote. PUBLIC COMMENT PERIOD: The following is a summary of comments made by individuals in attendance at the meeting and reflect their personal opinions: • Four individuals commented on existing or proposed gun ranges in Jefferson County and the County's Ordinance regarding a Moratorium on Commercial Shooting Facilities in Jefferson County; • Two individuals commented on the Jefferson County Sportsmen's Association Gun Range and their activities; • An individual urged the Commissioners to revisit the Fireworks Ordinance enacted by the County to see if there are other deadlines to meet; • An individual commented on the Democratic Party and economists; • An individual stated that individuals can assist the homeless by contacting OlyCAP and helping out at the shelter; and • An individual: 1) Thanked a public commentator who apologized for statements made about his company at a previous meeting; and 2) Gave an update on the proposed Cedar Hills Gun Range in the Tarboo area; APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Kler moved to delete Item No. 1 on the Consent Agenda and approve the remaining items as presented. Commissioner Dean seconded the motion which carried by a unanimous vote. 1. (DELETED) HEARING NOTICE re: Moratorium Ordinance on Commercial Shooting Facilities; Hearing Scheduled for Monday, February 5, 2018 at 10:00 a.m. in the Commissioners' Chambers 2. RESOLUTION NO. 01-18 re: Finding and Determination to Declare Certain Personal Property as Surplus and Authorize Disposal (Valued Less Than $2,500); Jefferson County Treasurer's Office 3. RESOLUTION NO. 02-18 re: Closing out the Petty Cash Fund for the Prosecuting Attorney; Jefferson County Treasurer's Office 4. RESOLUTION NO. 03-18 re: 2018 Conservation Futures Fund Application Cycle; Jefferson County Environmental Public Health Page 1 Commissioners Meeting Minutes of January 2, 2018 P F T 5. AGREEMENT re: Interlocal for Defining Homeland Security Region 2 Coordinating Council Management; No Dollar Amount, only applies to coordinating of Counties; Jefferson County Department of Emergency Management; Clallam County and Kitsap County 6. AGREEMENT re: Interlocal Retroactive for Homeland Security Grant Program funding received since 2008; No Dollar Amount, only applies to coordinating of Counties; Jefferson County Emergency Management; Kitsap County 7. Payment of Jefferson County Vouchers/Warrants Dated December 18, 2017 Totaling $423,036.58 8. Payment of Jefferson County Payroll Warrants Dated December 20, 2017 Totaling $79,999.15 and A/P Warrants Done by Payroll Dated December 20, 2017 Totaling $17,660.11 DISCUSSION re: Consent Agenda Item No. I re: HEARING NOTICE re: Moratorium Ordinance on Commercial Shooting Facilities, Hearing Scheduled for Monday, February 5, 2018 at 10:00 a.m. in the Commissioners' Chambers: Commissioner Dean stated she has concerns about the hearing being located in the Commissioners' Chambers and prefers an evening hearing time. Deputy Clerk of the Board Carolyn Gallaway verified that the Superior Courtroom is available for use in the evening on that date. Commissioner Dean moved to amend the hearing notice as follows: HEARING NOTICE re: Moratorium Ordinance on Commercial Shooting Facilities; Hearing Scheduled for Monday, February 5, 2018 at 6:00 p.m. in the Jefferson County Superior Courtroom. Commissioner Kler seconded the motion which carried by a unanimous vote. APPROVAL of MINUTES. Commissioner Kler noted a correction to the Regular Meeting Minutes of September 5, 2018. On Page 3, "Domestic" should be changed to read "Domestic Violence Workgroup." Commissioner Kler moved to approve the Regular Meeting Minutes of September 5, 2017 as corrected and September 11, 18 and 25, 2017 as presented. Commissioner Dean seconded the motion which carried by a unanimous vote. COMMISSIONERS BRIEFING SESSION. The Commissioners reported on their meeting schedules. The meeting was recessed at 9:43 a.m. and reconvened at 10:02 a.m. with all three Commissioners present. EXECUTIVE SESSION. An Executive Session was scheduled from 10:00 a.m. to 10:20 a.m. with the County Administrator and Chief Civil Deputy Prosecuting Attorney 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 Page 2 Commissioners Meeting Minutes of January 2, 2018' was from 10:02 a.m. to 10:19 a.m. At the conclusion of the Executive Session the Board resumed the regular meeting. EXECUTIVE SESSION. An Executive Session was scheduled from 10:20 a.m. to 10:50 a.m. with the County Administrator, Chief Civil Deputy Prosecuting Attorney, Central Services Director and Community Development Associate Planner regarding Attorney -Client Privilege, Potential Litigation under exemption RCW 42.30.110(1)(i) as outlined in the Open Public Meetings Act. The actual period of time the Board met in Executive Session on this topic was from 10:20 a.m. to 11:44 a.m. At the conclusion of the Executive Session the Board resumed the regular meeting. The meeting was recessed at 11:45 a.m. and reconvened at 1:31 p.m. with all three Commissioners present. 2018 Board and Committee Assignments: The Commissioners reviewed and discussed their 2018 Board and Committee Assignments list as outlined in the packet. Commissioner Kler moved to approve the list as presented. Commissioner Dean seconded the motion which carried by a unanimous vote. COUNTY ADMINISTRATOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Miscellaneous Items: • Upcoming topics at Board of Commissioners meetings; Critical Areas Ordinance, Agriculture and Department of Community Development (DCD) staff discussions • Noxious Weed update coming soon • WSU Extension; Noxious Weed Program budget, staff reductions • Jefferson County Strategic Plan • Comprehensive Plan Update • DCD staffing challenges • Olympic Discovery Trail (ODT); ribbon cutting ceremony • Jefferson County's Social Media Policy • Legislative Session; unfunded mandates, Hirst decision • County Administrator's evaluation update Calendar Coordination: • The Commissioners reviewed their meeting schedules Page 3 Commissioners Meeting Minutes of January 2, 2018 yam' DISCUSSION re: Washington State Association of Counties (WSAQ Coastal Caucus: After discussion, Commissioner Kler moved to approve Jefferson County paying the WSAC Coastal Caucus assessment in the amount of $2,500. Commissioner Dean seconded the motion which carried by a unanimous vote. NOTICE OF ADJOURNMENT.- Commissioner Kler moved to adjourn the meeting at 3:27 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Dean seconded the motion which carried by a unanimous vote. SEAL: ATTEST: JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Kathleen Kler, Member Carolyn Gallaway, CMC Kate Dean, Member Deputy Clerk of the Board Page 4 co o� ON C SSrO �° � 1 District No. 1 Commissioner: Kate Dean District No. 2 Commissioner: David W. Sullivan District No. 3 Commissioner: Kathleen Kler County Administrator: Philip Morley Clerk of the Board: Erin Lundgren MINUTES R A r Week of January 8, 2 Chair David Sullivan called the meeting to order at the appointed time in the presence of Commissioner Kathleen Kler and Commissioner Kate Dean. PUBLIC COMMENT PERIOD: The following is a summary of comments made by individuals in attendance at the meeting and reflect their personal opinions: • An individual asked the County to take a position on the Jefferson County Sportsmen's Association Gun Range (JCSA) and take responsibility; • An individual thanked the County for getting the geoduck farming review process in the Shine area back on track; • Four individuals commented on why they are against marijuana growing facilities being located in areas zoned rural residential on Marrowstone Island; • An individual: 1) Stated the federal government favors big pharmaceutical companies and is trying to outlaw marijuana companies; 2) Commented on why he believes Jefferson County is anti -growth and anti -business; and 3) Commented on the President of the United States and that he predicts the economy will collapse; • An individual thanked the Commissioners for approving the moratorium on commercial shooting facilities in Jefferson County and stated she is concerned that an owner of a proposed gun range is moving forward with his relocation plans; • An individual stated: 1) She is withdrawing her intent to serve on a newly forming Gun Range Moratorium Committee; and 2) If anyone has questions regarding the implementation of I502 or has other marijuana questions, she would be happy to answer them; • An individual stated the noise coming from the JCSA is out of control and gave statistics of gun use; • An individual: 1) Commented on the Pierce County Deputy who was shot and killed recently; 2) Stated he is the owner of Cedar Ridge and he hired a professional mover to move his outbuildings; 2) Addressed Commissioner Kler's comments regarding guns becoming louder, he believes that they are getting quieter; 3) Asked to broaden the scope of a Public Records Request concerning Commissioner Kler; and 4) Explained the geographical area surrounding his new proposed gun range; and • An individual noted that a previous comment was made stating there can be around 15,000 shots fired in one day at the JCSA. He stated that even during shooting events, they only average around 3,000 shots per day. He stated members of the JCSA are responsible gun owners. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Kler moved to approve all the items on the Consent Agenda as presented. Commissioner Dean seconded the motion. Commissioner Dean noted that Item No. 3 reads "Pavement Making" when it should read "Pavement Marking." Commissioner Kler amended her motion to include the scrivener error correction. Page 1 Commissioners Meeting Minutes of January 8, 2018 a pSyf. l � J=t 'Hr1 Commissioner Dean seconded the motion which carried by a unanimous vote. 1. CALL FOR BIDS re: Publication of County Legal Notices; Bids Accepted Until 9:30 a.m. and Opened and Read Publicly at 10:00 a.m. on Monday, March 5, 2018 in the Commissioners' Chambers; Jefferson County Courthouse 2. HEARING NOTICE RESOLUTION NO. 04-18 re: Emergency Supplemental 2017 Budget Appropriation/Extension for the Emergency Management Fund; Hearing Scheduled for Monday, January 22, 2018 at 10:00 a.m. in the Commissioners' Chambers 3. AGREEMENT, Change Order No. 1 re: 2017 Pavement Marking on Jefferson County Roads, County Project No. 1802060; An Additional Amount of $25,219.04 for a Total of $216,974.57; Jefferson County Public Works; Affordable Asphalt Company 4. Advisory Board Resignation re: North Pacific Coast Marine Resources Committee (NPC MRC); Recreational Groups Citizen Representative, Ed Ansorg 5. Payment of Jefferson County Vouchers/Warrants Dated December 26, 2017 Totaling $580,638.37 and Dated January 3, 2018 Totaling $700.92 6. Payment of Jefferson County A/P Warrants Done by Payroll Dated December 29, 2017 Totaling $685.45 COMMISSIONERS BRIEFING SESSION. The Commissioners reported on their meeting schedules. The meeting was recessed at 9:59 a.m. and reconvened at 10:02 a.m. with all three Commissioners present. ADDITIONAL BUSINESS - EXECUTIVE SESSION. • An Executive Session was added as additional business and scheduled to take place from 10:00 a.m. to 10:20 a.m. with the County Administrator, Community Development Associate Planner and Chief Civil Deputy Prosecuting Attorney regarding Attorney -Client Privilege, Potential Litigation under exemption RCW 42.30.110(1)(i) as outlined in the Open Public Meetings Act. The actual period of time the Board met in Executive Session on this topic was from 10:03 a.m. to 10:36 a.m. At the conclusion of the Executive Session the Board resumed the regular meeting. ADDITIONAL BUSINESS - CLOSED SESSION. • A Closed Session was added as additional business and scheduled to take place from 10:30 a.m. to 11:00 a.m. with the County Administrator, Labor Consultant, Central Services Director and the Clerk of the Board/Human Resources Manager regarding Strategy or Position for Collective Bargaining, Professional Negotiations or Grievance or Mediation Proceedings under exemption RCW 42.30.140(4)(b) as outlined in the Open Public Meetings Act. The actual period of time the Board met in Closed Session on this topic was from 10:37 a.m. to 11:18 a.m. At the conclusion of the Closed Session the Board resumed the regular meeting. Page 2 Commissioners Meeting Minutes of January 8, 2018 Q � T tPHinGt�• The meeting was recessed at 11:19 a.m. and reconvened at 1:34 p.m. with all three Commissioners present. UPDATE re: WSU Extension Noxious Weed Control Program: Noxious Weed Control Coordinator Joost Besijn gave a powerpoint presentation on the Noxious Weed Control Program projects for the past year which focused on noxious weed surveys, weed control coordination and education outreach. After the presentation, County Administrator Philip Morley noted that a lot of time was spent on surveying work and asked how much time was spent on weed control? Mr. Besijn replied that he is trained to do noxious weed surveying work and the Noxious Weed Control Board (NWCB) felt that funds were best spent on surveying weeds so they can focus on high priority weed beds. County Administrator Morley stated that working with landowners to tackle weed control may be a better method than perfecting the data. Mr. Besijn stated that using the noxious weed assessment for enforcement is not a popular choice for the current NWCB. The Commissioners voiced their concerns that not enough is being done about the removal of noxious weeds with the assessment funds. Mr. Besijn stated he will notify the NWCB of the Commissioners' concerns. The meeting was recessed at 2:38 p.m. and reconvened at 2:48 p.m. with all three Commissioners present. LETTER re: Salish Behavioral Health Organization: Commissioner Kler presented a draft letter regarding the Salish Behavioral Health Organization (SBHO) being a pilot project for the clinical integration of Medicaid behavioral and physical healthcare services. The SBHO has requested that each county sign onto the letter. Commissioner Dean moved to approve sending a letter to the Medicaid Director regarding the SBHO. Chair Sullivan seconded the motion which carried by a unanimous vote. COUNTY ADMINISTRATOR BRIEFING SESSION. County Administrator Philip Morley reviewed the following with the Board. Calendar Coordination: • The Commissioners reviewed their meeting schedules Miscellaneous Items: • Jefferson Transit; Commissioner roles Port Hadlock Wastewater Treatment System Page 3 Commissioners Meeting Minutes of January 8, 2018 NOTICE OF ADJOURNMENT. • Commissioner Dean moved to adjourn the meeting at 4:32 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 Gallaway, CMC Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Kathleen Kler, Member Kate Dean, Member Page 4 COMA, ov NIss f 49 4�gs � W � FII NG�� District No. 1 Commissioner: Kate Dean District No. 2 Commissioner: David W. Sullivan District No. 3 Commissioner: Kathleen Kier County Administrator: Philip 111ey Clerk of the Board: Erin Lundgren SPECIAL MEETING MINUTES of January 16, 2018 Chair David Sullivan called the meeting to order at the appointed time in the presence of Commissioner Kathleen Kler and Commissioner Kate Dean in the Jefferson County Superior Court Room located in the Jefferson County Courthouse. PUBLIC COMMENT PERIOD: The following is a summary of comments made by individuals in attendance at the meeting and reflect their personal opinions: • An individual commented that public comment received today regarding the upcoming hearing on the moratorium on shooting ranges, should not be in lieu of hearing testimony; • Three individuals commented on why they are against marijuana growing facilities being located in areas zoned rural residential on Marrowstone Island; • Five individuals commented on the proposed mediation agreement between the County, Joseph D'Amico/Fort Discovery and Judicial Arbitration Mediation Services (JAMS); • Two individuals commented on the Pleasant Harbor Master Planned Resort and their concerns regarding the kettles; • An individual: 1) Stated folks in Hawaii received a scare regarding the false missile attack alert; and 2) Commented on the President of the United States and the Republicans in Congress; and • An individual: 1) Stated he is representing the proposed gun range at Cedar Hills and noted that there is no resident for miles around his property; 2) Asked for someone to show on a map where a gun range would be preferred; and 3) Stated he is moving forward with their facility as planned. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Kler moved to approve all the items on the Consent Agenda as presented. Commissioner Dean seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 05-18 re: Finding and Determination to Declare Certain Personal Property as Surplus and Authorize Disposal (Valued Less Than $2,500) 2. AGREEMENT re: 2018 Oak Bay Camp Hosts; No Dollar Amount; Jefferson County Public Works, Parks and Recreation; Mary Anne and Ralph Jarvis 3. Advisory Board Resignation re: Jefferson County Planning Commission; District 1 Representative, Gary Felder 4. Advisory Board Reappointment re: Jefferson County Board of Health (BOH); Three (3) year Term to Expire May 31, 2020; At -Large Community Representative, Sheila Westerman 5. Advisory Board Interim Appointment re: Jefferson County Board of Health (BOH); Unexpired Term to Expire May 31, 2020; Port Townsend City Council Representative, Interim Replacement of Outgoing Council Member Catharine Robinson; Ariel Speser Page 1 Commissioners Special Meeting Minutes of January 16, 2018 6. Payment of Jefferson County Vouchers/Warrants Dated December 27, 2017 Totaling $643,901.89 Kn� 7. Payment of Jefferson County Payroll Warrants Dated January 5, 2018 Totaling $772,096.89 and A/P Warrants Done by Payroll Dated December 31, 2017 Totaling $774,970.94 and Dated December 30, 2017 Totaling $139,431.35 DISCUSSION re: Mediation Agreement re: Jefferson County, Joseph D'Amico/Fort Discovery Corporation, Judicial Arbitration and Mediation Services (JAMS), Inc.: The dispute in question resulted from the passage by the County of Ordinance No. 05-1218-17, establishing a moratorium for up to one year on applications for modifying existing or establishing new commercial shooting facilities, to allow Jefferson County time to consider adopting appropriate regulations to address the safety, environmental and land -use impacts of such commercial shooting facilities, and the Ordinance's effect on Joseph D'Amico's/Fort Discovery Corporation's business plans for the property located near Tarboo Lake. Attempting mediation of this dispute has been recommended by the Prosecuting Attorney's Office. County Administrator Philip Morley stated he is recommending passage of the mediation's approval as well. Commissioner Kler asked what the pros and cons of delaying a decision would provide? Chief Civil Deputy Prosecuting Attorney (DPA) Philip Hunsucker replied there is no reason to delay. It would stop the process from beginning, and the sooner mediation starts, the better. Commissioner Dean stated she has been agonizing over this decision, but has been assured that the mediation process does not replace the public process and that the legislature has agreed that mediation is an important tool. She noted that Mr. D'Amico has rights, and some people wished he didn't have those rights, but it is the job of the Commissioners to weigh the rights of him and his neighbors. Chair Sullivan stated that he has worked with some of the most honest and trust -worthy people he knows, and he also understands the need to earn trust with the community. Commissioner Kler moved that the County enter into a mediation with Joseph D'Amico of Fort Discovery and Judicial Arbitration and Mediation Services. Commissioner Dean seconded the motion. Commissioner Dean stated that this comes down to trust issues, and she is moving forward in good faith. She noted that there are reasons to have caution on both sides, but she asked that the public have faith in the Commissioners, as stewards of the County. The motion was carried by a unanimous vote. The meeting was recessed at 10:09 a.m. and reconvened at 10:21 a.m. with all three Commissioners present. Page 2 Commissioners Special Meeting Minutes of January 16, 2018 P, RAFT K:t�, BRIEFING with the Planning Commission re: Pleasant Harbor Master Planned Resort: Department of Community Development (DCD) staff briefed the Board and the Planning Commission on the Pleasant Harbor Master Planned Resort (MPR) draft development agreement and zoning regulations. Planning Commissioner members present were Chair Cynthia Koan, Mark Jochems, Matt Sircely, Mike Nilssen, Richard Hull, Tom Giske, Kevin Coker, and Lorna Smith. County staff present included DCD Director Patty Charnas, Associate Planner Michelle Farfan and Chief Civil Deputy Prosecuting Attorney (DPA) Philip Hunsucker. Information from the Agenda materials stated the draft development agreement is an agreement between the Pleasant Harbor MPR developer and Jefferson County regarding how the resort development and operation will proceed over the term of the agreement, which is 25 years or five years after buildout, whichever is longer. In 2008, when the County originally designated a MPR at this location in Brinnon, it passed Ordinance 01-0128-08, which has 30 specific conditions that development of the Pleasant Harbor MPR must meet. Much of the development agreement addresses how the resort will meet those 30 requirements. The development agreement includes 31 attachments, which detail how the developer will properly manage natural, wildlife and cultural resources, provide local economic opportunities, and support or provide services. Consultations with area tribes and with other local state agencies helped refine many of the development agreement's management plans. The consultation with affected tribes continues. DCD Director Charnas outlined the Pleasant Harbor MPR project overview, development agreement, development regulations and possible next steps with the Planning Commission and the County Commissioners. She also noted that the Port Gamble S'Klallam Tribe (PGST) has expressed concerns over shellfish and areas of cultural significance. The Skokomish Tribe has stated they would like to see the kettles on the property filled with water to protect resources, but the PGST would like them to remain how they are now. The PGST has also applied for recognition of areas of cultural significance through the National Historic Register of Historic Places, which if approved, the developer of the MPR would need to abide by. DCD staff and Chief Civil DPA Hunsucker answered several questions from Planning Commission members. Member Smith stated that in 2016, the Planning Commission was promised by the County that they would be given an opportunity to review and give recommendation on the development agreement. Chair Sullivan stated that he had seen the draft development agreement last week and that this was the first briefing on this that the Board has held. Planning Commission members expressed concern that since they are working in-depth with DCD on the Comprehensive Plan Update, they cannot see how they can be reasonably expected to review the draft regulations in a timely manner. County Administrator Philip Morley noted that the perspective of the Commissioners, is that the Planning Commission can provide recommendations, but it is not an obligation. He gave a potential outline, if the Planning Commission wished, to schedule meetings to review the development regulations. County Administrator Morley stated that this has been a very lengthy process for the developer, and he does not see holding off that process until the Comprehensive Plan is approved. The Planning Commission members pointed out some changes to the draft regulations since the last time they saw it. Page 3 Commissioners Special Meeting Minutes of January 16, 2018 DCD Director Charnas finished the presentation and noted that the Board of County Commissioners can set a date to hold a public hearing on the Pleasant Harbor MPR's Development Agreement and zoning regulations, which would involve establishing a public comment timeframe likely to be 60 days, where the County would accept written comments and oral testimony from tribes, public and private groups, agencies and individuals. She noted that during this process, the Planning Commission could spend time on a recommendation for the Pleasant Harbor MPR. County Administrator Morley thanked the Planning Commission members for attending the informational session. The meeting was recessed at 11:51 a.m. and reconvened at 1:35 p.m. in the Commissioners' Chambers with all three Commissioners present. COUNTY ADMINISTRATOR BRIEFING SESSION. County Administrator Philip Morley reviewed the following with the Board. Miscellaneous Items: • Strategic Planning • Rainier/Howard Street; subarea planning and County property in business park • Planning for Washington State Department of Natural Resources (DNR); education session for Junior Taxing districts; Commissioner Kler to follow up with DNR • Washington State Association of Counties (WSAC); unfunded mandates data request, need for coordination with Auditor • Census and FEMA map status • Public Infrastructure Fund Board and County Code • Position on Federal Coastal Leases for oil and natural gas; Commissioner Dean will draft letter in opposition for the Board of County Commissioners review and approval • Port Ludlow Drainage District; status Legislative Items: • WSAC Legislative Steering Committee items: o Mike Chapman and Kevin Van De Wege; bills on Veterans Assistance Levy o Hirst Legislation o Capital Budget status o HB 2341 re: Navy, Joint Land Use Recommendations as proposed mandates for Local Government Calendar Coordination: • The Commissioners reviewed their meeting schedules Page 4 Commissioners Special Meeting Minutes of January 16, 2018 n NOTICE OF ADJOURNMENT: Commissioner Dean 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: JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Kathleen Kler, Member Carolyn Gallaway, CMC Kate Dean, Member Deputy Clerk of the Board Page 5 District No. 1 Commissioner: Kate Dean 4�4SON Co�rrj District No. 2 Commissioner: David W. Sullivan 4, C� District No. 3 Commissioner: Kathleen Kler Mti County Administrator: Philip Morley Clerk of the Board: Erin Lund^ Rk A F T �SIIING�O MINUTES Week of January 22, 2018 Chair David Sullivan called the meeting to order at the appointed time in the presence of Commissioner Kathleen Kler and Commissioner Kate Dean. PUBLIC COMMENT PERIOD: The following is a summary of comments made by individuals in attendance at the meeting and reflect their personal opinions: • An individual: 1) Stated he was glad to see so many women at the Woman's March; 2) Commented on the Democratic Party and the Comprehensive Plan; and 3) Gave statistics regarding natural remedies to cure cancer; • An individual: 1) Commented on a sewer project in Clallam County and how it could also be done in Jefferson County; and 2) Suggested enforcement of ordinances and tracking their success rates after implementation; • An individual notified the Commissioners of HB2341 and SB6456 regarding limiting counties' authority over land use and giving it to commanders of military bases; • Two individuals commented on the moratorium regarding commercial shooting facilities and one individual had questions regarding the hearing on the same issue; and • One individual provided audio of shots recorded near the gun range in Port Townsend. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Kler moved to approve all the items on the Consent Agenda as presented. Commissioner Dean seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 06-18 re: Temporary Road Closure on West Uncas Road, M.P. 0.766 to M.P. 0.842, County Road No. 500209 2. CALL FOR BIDS re: Supply of Liquid Asphalt Products for Bituminous Surface Treatment for the Calendar Years of 2018-2020; Bids Accepted Until 9:30 a.m. and Opened and Read Publicly at 10:00 a.m. or shortly thereafter on Monday, February 12, 2018 in the Commissioners' Chambers Jefferson County Courthouse 3. CALL FOR BIDS and APPROVAL OF CONTRACT re: Salmon Creek Bridge -West Uncus Road, Project No. 18019341, County Road No. 500209, ROC Project No. 15-1192; Bids Accepted Until 9:30 a.m. and Opened and Read Publicly at 10:00 a.m. or shortly after on Monday, February 20, 2018 in the Commissioners' Chambers Jefferson County Courthouse 4. AGREEMENT and SUBSCRIPTION AGREEMENT re: Collective Bargaining Agreement and Trust Participation for the Jefferson County Public Works Employees Teamsters Local #589 and Washington Teamsters Welfare Trust Page 1 Commissioners Meeting Minutes of January 22, 2018` 5. AGREEMENT, Change Order No. 2 re: Quilcene Solid Waste Drop Box Site Improvement Project, County Project No. 401 594 1984; Additional $4,142.17 for a Total Project Amount of $175,942.16; Jefferson County Public Works; Coultas General Contracting 6. AGREEMENT re: Snow Creek Road Culvert Replacement Preliminary Design, M.P. 0.84; In the Amount of $102,926; Jefferson County Public Works; PBS Engineering & Environmental, Inc. 7. AGREEMENT re: 2018 Funding to Promote Conservation, Protect and Improve Water Quality; In the Amount of $49,975; Jefferson County Administrator; Jefferson County Conservation District 8. AGREEMENT, Amendment No. 3 re: Jefferson County Tourism Coordinating Council (TCC) Marketing Coordinator; In the Amount of $22,992; Steve Shively (dba S3 Solutions) 9. 2018 DIGITAL SUBMITTAL OF CERTIFICATION OF ROAD LEVY re: Jefferson County Public Works; County Road Administration Board (CRAB) 10. Advisory Board Appointment re: Climate Action Committee; Three (3) Year Term to Expire December 31, 2020; Kate Lillian Chadwick 11. Payment of Jefferson County Vouchers/Warrants Dated December 28, 2017 Totaling $896,300.56 and Dated January 17, 2018 Totaling $195 COMMISSIONERS BRIEFING SESSION: The Commissioners reported on their meeting schedules. The meeting was recessed at 9:56 a.m. and reconvened at 10:04 a.m. with all three Commissioners present. HEARING re: Emergency Supplemental 2017 Appropriation/Extension for the Emergency Management Department. Central Services Director Mark McCauley stated that Emergency Management is an important role, there is equipment that is necessary and costs relating to repairing that equipment. He explained that the Emergency Management Department had a network printer that was failing that needed to be replaced. He noted that an appropriation should have been placed in the 3rd or 4th quarter of 2017, but it is being brought before the Board now to help Emergency Management cover their expenses. Chair Sullivan opened the hearing to public testimony. Hearing no comments, he closed the public hearing. Commissioner Kler moved to approve RESOLUTION NO. 07-18 re: Emergency Supplemental 2017 Appropriation/Extension for the Emergency Management Fund. Commissioner Dean seconded the motion. Commissioner Dean asked if there was a better way to foresee these expenditures? County Administrator Philip Morley stated it is the intention to strengthen the tracking systems within the departments, but that there are a number of departments with excellent fiscal systems in place. Chair Sullivan stated he appreciates the current process. It helps prevent budgeting issues that neighboring counties have. He called for a vote on the motion. The motion carried by a unanimous vote. Page 2 Commissioners Meeting Minutes of January 22, 2018 The meeting was recessed at 10:09 a.m. and reconvened at 10:21 a.m. with all three Commissioners present. EXECUTIVE SESSION: An Executive Session was scheduled from 10:20 a.m. to 10:30 a.m. with the County Administrator, Sheriff and Chief Civil Deputy Prosecuting Attorney regarding Attorney -Client Privilege, Actual Litigation under exemption RCW 42.30.110(1)(i) as outlined in the Open Public Meetings Act. The actual period of time the Board met in Executive Session on this topic was from 10:22 a.m. to 10:33 a.m. At the conclusion of the Executive Session the Board resumed the regular meeting. DISCUSSION re: Emergency Management: Sheriff David Stanko stated that the local Fire Department Chiefs want to make the Commissioners aware they are concerned over the resignation of Emergency Management Director Lynn Sterbenz. They have concerns regarding liability and noted that there is also a shortage of dispatchers. EXECUTIVE SESSION: An Executive Session was scheduled from 10:30 a.m. to 10:40 a.m. with the County Administrator and Chief Civil Deputy Prosecuting Attorney regarding Attorney -Client Privilege, Actual Litigation under exemption RCW 42.30.110(1)(i) as outlined in the Open Public Meetings Act. The actual period of time the Board met in Executive Session on this topic was from 10:36 a.m. to 10:44 a.m. At the conclusion of the Executive Session the Board resumed the regular meeting. EXECUTIVE SESSION: An Executive Session was scheduled from 10:40 a.m. to 11:00 a.m. with the County Administrator, Community Development Associate Planner and Chief Civil Deputy Prosecuting Attorney regarding Attorney -Client Privilege, Potential Litigation under exemption RCW 42.30.110(1)(i) as outlined in the Open Public Meetings Act. The actual period of time the Board met in Executive Session on this topic was from 10:45 a.m. to 11:47 a.m. At the conclusion of the Executive Session the Board resumed the regular meeting. The meeting was recessed at 11:48 a.m. and reconvened at 12:05 p.m. for the Quarterly Elected Officials/Department Directors lunch meeting with all three Commissioners present. The meeting was recessed at 1:11 p.m. and reconvened at 1:32 p.m. All three Commissioners were present for the afternoon session. BRIEFING re: Match Update and Discussion re: Tarboo Creek, Farm and Forest 2016 Conservation Futures Project: Environmental Health Specialist Tami Pokorny and Conservation Futures Citizens Oversight Committee member Lorna Smith briefed the Board on the Tarboo Creek Farm and Forest (TCFF) project that was approved in 2016. In a letter dated December 28, 2017, TCFF project sponsor Jefferson Land Trust (JLT) requested to use Page 3 Commissioners Meeting Minutes of January 22, 2018 a Navy Readiness and Environmental Protection Integration (REPI) grant and associated easement as the primary source of project match. At the time of application, other match sources were proposed. The project match would increase from $127,000 to $180,500 increasing the total project cost from $224,100 to $277,600. The JLT requests that the ratio of Conservation Futures funds (47%) to matching funds (53%) remain the same and that the excess REPI match ($53,500) be documented for possible use in applications for Conservation Futures funding, consistent with County codes and requirements. JLT Executive Director Sarah Spaeth, Ms. Pokorny and Ms. Smith answered questions posed by the Board. A draft agreement will be submitted for Commissioner approval at a later date. COUNTY ADMINISTRA TOR BRIEFING SESSION.- County Administrator Philip Morley reviewed the following with the Board. Miscellaneous Items: • Jefferson County website; staff is working to make it more user-friendly • Legislative update; update on bills and other legislative items • Annual Assessor publication • Olympic Discovery Trail event; Commissioner Dean briefed the Board on the event Calendar Coordination: • The Commissioners reviewed their meeting schedules NOTICE OFADJOURNMENT. Commissioner Kler moved to adjourn the meeting at 4:05 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Dean seconded the motion which carried by a unanimous vote. SEAL: ATTEST: JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Kathleen Kler, Member Carolyn Gallaway, CMC Kate Dean, Member Deputy Clerk of the Board Page 4 Co Q� �s District No. 1 Commissioner: Kate Dean 4�4SON coGrp� District No. 2 Commissioner: David W. Sullivan District No. 3 Commissioner: Kathleen Kier 4 � ti County Administrator: Philip ley a� Clerk of the Board: Erin Lu : en RAFT 9SNIN G'SO MINUTES Week of February 5, 2018 In the absence of Chair David Sullivan, Commissioner Kler called the meeting to order at the appointed time in the presence of Commissioner Kate Dean. Chair David Sullivan arrived at 9:07 a.m. PUBLIC COMMENT PERIOD: The following is a summary of comments made by individuals in attendance at the meeting and reflect their personal opinions: • An individual thanked Commissioner Dean for testifying against a bill that would give commanders of military bases authority over local land use regulations; • An individual commented on the high amount the County has paid out in public records request lawsuits; • Four individuals are in support of the Pleasant Harbor Master Planned Resort moving forward; • Two individuals urged the Commissioners not to approve a Consent Agenda item regarding a Public Records Act Compliance Policy; • Two individuals commented on the upcoming hearing regarding a moratorium on commercial shooting facilities; • One individual provided audio of shots recorded near the gun range in Port Townsend; and • One individual expressed concerns regarding transients living in the Brinnon Motel. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Kler moved to delete Item No. and approve the remaining items on the Consent Agenda as presented. Commissioner Dean seconded the motion which carried by a unanimous vote. 1. (DELETED) HEARING NOTICE re: Public Records Act Compliance Policy; Hearing Scheduled for Monday, March 12, 2018 at 10:00 a.m. in the Commissioners' Chambers 2. HEARING NOTICE re: Pleasant Harbor Master Planned Resort Development Agreement and Development Regulations; Hearing Scheduled for Monday, April 9, 2018 at 6:00 p.m. in the Superior Courtroom, Jefferson County Courthouse 3. RESOLUTION NO. 07-18 re: HEARING NOTICE re: Notice of Intention to sell Tax Title County Property; Hearing Scheduled for Monday, February 26, 2018 at 10:00 a.m. in the Commissioners' Chambers 4. RESOLUTION NO. 08-18 re: Cancellation of Uncollectible Personal Property Taxes 5. CALL FOR BIDS re: Supply of Aggregate Products for Bituminous Surface Treatment (BST) for Calendar Year 2018-2019; Bids Accepted Until 9:30 a.m. and Opened and Read Publicly at 10:00 a.m. or Shortly Thereafter on Monday, February 26, 2018 in the Commissioners' Chambers Jefferson County Courthouse Page 1 F Commissioners Meeting Minutes of February 5, 2018 6. CALL FOR BIDS re: Solid Waste Disposal per Warrant of Abatement for 890 Old Hadlock Road, Port Hadlock, WA 98339; Bids Accepted Until 9:30 a.m. and Opened and Read Publicly at 10:15 a.m. or shortly thereafter on Tuesday, February 20, 2018 in the Commissioners' Chambers Jefferson County Courthouse 7. AGREEMENT re: Board of County Commissioners Chambers Video Streaming and Archiving; In the Amount of $7,188 per year; Jefferson County Central Services; AV CaptureAll, Inc. 8. AGREEMENT re: To Fund Support of North Pacific Coast Marine Resources Committee (NPC - MRC); In the Amount of $80,000; Jefferson County Public Health; Washington State Department of Fish & Wildlife 9. AGREEMENT NO. CLH18247 re: 2018-2020 Consolidated Contracts; In the Amount of $374,705; Jefferson County Public Health; Washington State Department of Health 10. AGREEMENT re: 2018 Hotel Motel Grant Funding; In the Amount of $66,700; Jefferson County Historical Society -Gateway Visitor's Center 11. AGREEMENT re: 2018 Hotel Motel Grant Funding; In the Amount of $150,000; Jefferson County Tourism Coordinating Council 12. AGREEMENT re: County Road Administration Board (CRAB) Rural Arterial Program Grant Funding Application Upper Hoh Road Emergency Repair, M.P. 8; County Project No. 18020380; In the Amount of 374,000; Jefferson County Public Works 13. AGREEMENT, Change Order No. 1 re: Upper Hoh Road Emergency Repair, M.P. 8; Additional Amount of $90,885.36 for a Project Total of $240,885.36; Jefferson County Public Works; Seton Construction, Inc. 14. AGREEMENT re: Engineering & Architectural Services for Olympic Discovery Trail - Discovery Bay to Larry Scott Trail Connection, Preferred Route Report, County Project No. 18019891; No Dollar Amount; Jefferson County Public Works; Alta Planning & Design, Inc. 15. AGREEMENT re: Jefferson County Comprehensive Plan Professional Services; In an Amount Not to Exceed $57,670; Jefferson County Department of Community Development; BERK Consultants, Inc. 16. AGREEMENT re: Juvenile Detention Services; In the Amount of $100 per Bed per Day; Jefferson County Juvenile Services; Kitsap County Juvenile Court 17. Motion to Ratify 2018 Step Increases for County Employees in UFCW Local 21 18. Advisory Board Reappointment re: Solid Waste Advisory Committee; Two (2) Year Term Expiring February 12, 2020; D.M.-Murray's Disposal Alternate, Chad Young 19. Advisory Board Reappointment re: Civil Service Commission; Six (6) Year Term to Expire November 14,2023; Dennis Cowan 20. Payment of Jefferson County Vouchers/Warrants Dated January 22, 2018 Totaling $814,304.33 21. Payment of Jefferson County Payroll Warrants Dated January 19, 2018 Totaling $79,660.89 and A/P Warrants Done by Payroll Dated January 19, 2018 Totaling $16,541.27 DISCUSSION re: Consent Agenda Item No. 1 re: HEARING NOTICE re: Public Records Act Compliance Policy; Hearing Scheduled for Monday, March 12, 2018 at 10:00 a.m. in the Commissioners' Chambers: County Administrator Philip Morley stated that if the hearing notice is not approved during the morning session, staff would not be able to notify the newspaper in time for the deadline to print in this week's paper. After further discussion, County Administrator Morley suggested tabling the discussion for the afternoon session. Page 2 Commissioners Meeting Minutes of February 5, 2018 _ t�J APPROVAL of MINUTES: Deputy Clerk of the Board Carolyn Gallaway noted that the Agenda reads the "Regular Meeting Minutes of October 9, 2017" when it should read the "Special Meeting Minutes of October 9, 2017," and that the Special Meeting Minutes of October 4, 2017 were not listed, but were a part of the packet. Commissioner Kler moved to approve the Regular Meeting Minutes of October 2, 9, 16 and 23, 2018 and the Special Meeting Minutes of October 4, 2017 as presented. Chair Sullivan suggested waiting a week and approve the Special Meeting Minutes of October 4, 2017 on the next agenda. Commissioner Kler amended her motion to approve the Regular Meeting Minutes of October 2, 9, 16 and 23, 2017 as presented. Commissioner Dean seconded the motion which carried by a unanimous vote. DISCUSSION re: AGREEMENT Settlement of Harvey Public Records Lawsuit in the amount of $50,000: County Administrator Philip Morley stated that he recommends the Commissioners approve the proposed settlement of a Public Records Act (PRA) lawsuit filed by Mr. Alan Harvey. Mr. Harvey requested records from the County on November 16, 2016. A timely response to the request was sent on November 18, 2016, promising responsive records by January 13, 2017. Unfortunately, by mistake, the records were not provided as promised. Mr. Harvey filed a lawsuit on November 17, 2017, seeking penalties and attorney's fees under the Public Records Act (PRA). All responsive records were provided to Mr. Harvey within a short time after the mistake was discovered, at the time the lawsuit was served on the County. The PRA provides for penalties up to $100 per day per record for each day a responsive record is not provided in response to a request under the PRA. In addition, the PRA authorizes attorney's fees and costs to requestors who file PRA litigation and prevail. Often, the exposure to a defendant in a PRA lawsuit is greater for attorney's fees, than for penalties. The County and Mr. Harvey jointly have negotiated a settlement agreement that resolves the lawsuit, and eliminates potential exposure to the County from the lawsuit in excess of the settlement amount. Mr. Harvey has signed the Settlement Agreement. Commissioner Dean moved to approve the SETTLEMENT AGREEMENT between Alan Harvey and Jefferson County regarding Mr. Harvey's 2017 lawsuit against the County under Washington's Public Records Act. Commissioner Kler seconded the motion which carried by a unanimous vote. The meeting was recessed at 10:11 a.m. and reconvened at 10:23 a.m. with all three Commissioners present. EXECUTIVE SESSION. • An Executive Session was scheduled from 10:00 a.m. to 10:30 a.m. with the County Administrator, Chief Civil Deputy Prosecuting Attorney and Community Development Associate Planner regarding Attorney -Client Privilege, Potential Litigation under exemption RCW 42.30.110(1)(i) as outlined in the Open Public Meetings Act. The actual period of time the Board met in Executive Session on this topic was from 10:24 a.m. to 11:45 a.m. At the conclusion of the Executive Session the Board resumed the regular meeting. Page 3 o� Commissioners Meeting Minutes of February 5, 2018 '} The meeting was recessed at 11:46 a.m. and reconvened at 1:32 p.m. with all three Commissioners present. DISCUSSION re: Consent Agenda Item No. I re: HEARING NOTICE re: Public Records Act Compliance Policy; Hearing Scheduled for Monday, March 12, 2018 at 10:00 a. m. in the Commissioners' Chambers - Continued. Information from the Agenda materials stated that the current Jefferson County policy for public records requests "Jefferson County Records Access Policy" has been in place since 2006 when it was adopted. Effective July 23, 2017, Washington State legislation has amended significant features of the Public Records Act (PRA), requiring Jefferson County to adopt new procedures as well as update some already existing procedures. Newly required procedures were adopted in ESHB 1594 and ESHB 1595. The new legislation also authorizes jurisdictions to collect fees for electronic copies of public records. Staff prepared the proposed policy to implement the changes mandated by the new legislation and update the procedures to be used by Jefferson County employees when responding to Public Records Requests (PRR). The new policy has been through an extensive development and review process. A draft of the policy was produced in mid-July 2017, and an ad hoc committee was formed to discuss and review the draft, which then went to department heads, elected officials and public records liaisons for further review. County Administrator Philip Morley explained that model rules are underway by the State Attorney General, but have not yet been adopted. He asked if we could adopt those rules even if they are not finalized? Chief Civil Deputy Prosecuting Attorney (DPA) Philip Hunsucker replied that we would be approving their 2007 version since the current model is not completed. County Administrator Morley added that the model rules would also not include the fee schedule. County Administrator Morley noted that the draft policy incorporates statutes so that everything is located in one document. County Administrator Morley stated that the hearing notice will be brought forward, along with an updated agenda request explaining the process, at a later date. COUNTY ADMINISTRA TOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Miscellaneous Items: • Brinnon Community Center; concerns regarding homeless people breaking in • Shooting Range Moratorium; discussion regarding logistics for the hearing • Shooting Range Moratorium Committee; only two applications received • Legislative update • Behavioral Health Organization; integration • PUD Privilege Tax; Washington State asking for County input • Navy; $44 Million project on Indian Island, public comment open Page 4 Commissioners Meeting Minutes of February 5, 2018 • Washington State Department of Natural Resources (DNR); upcoming Junior Taxing Districts information meeting • Grant proposal; Chair Sullivan is working on a letter and will bring forward more information at a later date Calendar Coordination: • The Commissioners reviewed their meeting schedules NOTICE OF ADJOURNMENT. • Commissioner Kler moved to adjourn the meeting at 3:40 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Dean seconded the motion which carried by a unanimous vote. SEAL: ATTEST: JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Kathleen Kler, Member Carolyn Gallaway, CMC Kate Dean, Member Deputy Clerk of the Board Page 5