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HomeMy WebLinkAbout041618_cbs01o� CM�ssr 44�So �FIING�� District No. 1 Commissioner: Kate Dean District No. 2 Commissioner: David W. Sullivan District No. 3 Commissioner: Kathleen Kier County Administrator: Philip Morley Y� Clerk of the Board: Erin Lundgren SPECIAL MEETING MINUTES of February 5, 2018 Chair David Sullivan called the meeting to order at 6:00 p.m. in the presence of Commissioner Kathleen Kler and Commissioner Kate Dean in the Jefferson County Superior Courtroom located in the Jefferson County Courthouse. HEARING re: Ordinance No. 05-1218-17 Establishing a Moratorium on Commercial Shooting Facilities in Unincorporated Areas of Jefferson County. Chair Sullivan stated the hearing is to allow for testimony on Ordinance No. 05-1218-17 which was approved on December 18, 2017, which established a temporary Moratorium on Commercial Shooting Facilities in Unincorporated areas of Jefferson County, as allowed by state law, provided a hearing is held within 60 days. Chair Sullivan stated that following the hearing, the Board could choose to leave the moratorium in place as is, make revisions, or repeal it. County Administrator Philip Morley explained that the moratorium can be up to one year, to allow time for the County to modify existing commercial shooting facilities, and also for siting new commercial shooting facilities. The temporary moratorium effects new permit applications, processing and approvals. During the moratorium, those cannot move forward. He added that the moratorium is authorized by Washington State's Planning and Enabling Act, and the Growth Management Act. The moratorium temporarily freezes the playing field while allowing the legislative process to go forward, so that those regulations, once adopted, can apply to new applications. County Administrator Morley stated that the primary reason for the ordinance was in the interest of public safety, to provide a safe place for the public and law enforcement to shoot. He added that the County wants to ensure that commercial shooting facilities have a viable place in this community for the long-term. They need to be compatible with other land uses near them. Jefferson County has had about a 10% increase in population over the past 10 years, making the County not as rural as it used to be. He mentioned an incident where someone thought bullets from the Jefferson County Sportsmen's Association (JCSA) struck a residence. The incident was investigated and it was determined that the damage was not caused by the JCSA. Even though the incident was unfounded, he stated that it raised safety concerns with the community. The Commissioners have found that commercial shooting facilities do serve a public interest by providing a safe, well -regulated place for people to shoot, rather than shooting in the woods, putting people in danger and spoiling our environment. The moratorium establishes a one year work program that will assess the impacts of all existing and future commercial shooting facilities, public safety, to insure they are environmentally sound and to make sure they are compatible with neighboring land uses. Having identified those kinds of impacts, what are reasonable measures for addressing and minimizing those impacts? Can we put regulations in place that help address those issues to make those facilities continue to be good neighbors? Page 1 Commissioners Special Meeting Minutes of February 5, 2018 The ordinance calls for a nine -member review committee which will include a resident or property owner from each of the three Commissioner Districts, representative of the current commercial shooting facility, representative of tribal interests, one at -large county resident or property owner, Director of Community Development (DCD) or designee, Director of Environmental Health or designee, and the County Sheriff or his designee. The County will also hire a consultant to assist with the moratorium process. He encouraged members of the audience to apply for one of the positions and explained how to submit their application. There is a one-year deadline to complete the work on the moratorium which includes; completing the study of impacts and to identify reasonable measures to mitigate those impacts, and to present draft regulations for adoption as a new ordinance to be adopted by the County Commissioners. Once those things have taken place, the moratorium will end and the new regulations would then apply to any new applications that may come through the door, either from an existing shooting facility, or another one. Chief Civil Deputy Prosecuting Attorney (DPA) Philip Hunsucker reviewed the authority which allows for the moratorium. He stated that Kitsap County finished a process of approving a commercial shooting range ordinance that has been held to be constitutional and also complies with the state statutes. After Chair Sullivan reviewed the procedures for the public hearing, he opened the hearing for public testimony. Michelle Farfan, Jefferson County: She stated she works for the Department of Community Development (DCD). She read from a statement she submitted. (See hearing record) Pascale Sanok, Chimacum: She read from a statement she submitted. (See hearing record) Rick Doherty, Port Townsend: He stated that most of his questions were answered by the presentation. He grew up in rural Maine where everyone hunts. He is not against hunting or proper use of firearms, however, that does need some education. He had two nephews killed by guns being left around the home. It is very important that whatever institution is enabled, is doing adequate training for safety. He intends to live here the rest of his life and he applauds what the County has done and is doing. It is a sound and fair approach to everybody involved in terms of your decision. Peter Bahls, Port Townsend: He stated he is the Director of the Northwest Watershed Institute (NWI). Since 2002, the NWI has been working to protect and restore the Tarboo watershed, from the headwaters of Tarboo Creek to Dabob Bay. It is an area that has been recognized at the County, state and federal level for the significance of its habitat and conservation value. Over the past 16 years, NWI, 40 partnering organizations and hundreds of landowners and citizens have worked to permanently conserve 3,000 acres of fish and wildlife habitat, forest and farmland and have restored 600 acres of streams, wetlands and marine shorelines, which is an investment of $30 Million dollars in private, County, state and federal funding. Jefferson County's Conservation Futures program alone as allocated over $1.8 Million dollars in County and outside matching funds for 8 projects to conserve working lands in the Tarboo watershed. Their hope is that their efforts will help sustain the environment and economy. The shellfish industry is utterly dependent on clean water and healthy shellfish habitat, and is the largest employer in south Jefferson County. This investment in conservation, by many organizations, businesses and individuals is directly threatened by the proposal by Security Services Northwest for a private Page 2 Commissioners Special Meeting Minutes of February 5, 2018 weapons training compound at the headwaters of Tarboo Creek. This private facility would include seven firing ranges for automatic and other weapons, two helicopter pads, and assorted support buildings on 40 acres adjacent to Tarboo Lake. Gunfire from the proposed project would degrade public recreational use of Tarboo Lake, impact public and Treaty -reserved hunting opportunities on surrounding forest lands, risk contamination of soil and water with lead and other explosive -related contaminants, and degrade property values of rural residential landowners. This proposal is simply incompatible with surrounding land uses and undermines the public's decades -long conservation effort here. NWI supports the one-year moratorium on shooting ranges as an opportunity for the County to develop clear, strong codes and criteria for locating shooting ranges in appropriate areas. At this point in the town hall participation, I would like to ask for some audience participation. Please raise your hands if you support SSNW's proposal for a private weapons training compound at Tarboo Lake. Please raise your hands if you oppose the private weapons training compound at Tarboo Lake. Please stand up if you support the one-year moratorium on new shooting ranges. Someone in the audience asked "How do we not stand if we're against the wall?" He thanked the Commissioners for standing up for the public interest in Jefferson County by adopting the shooting range moratorium. Judith Rubin, Port Townsend: She stated that she is a founding member of the NWI and she is also the Director of the Stewardship and public involvement and is speaking on behalf of the Board of Directors of NWI. She read from a letter from NWI's attorney Paul Kampmeier which was submitted. (See hearing record) Janet Welch: She thanked the Commissioners for enacting the moratorium and stated she is not as quite as sharp on development regulations as she used to be. In her search, she has been unable to find any guiding principles that the County would be able to use to properly process this application. All she could find in the Unified Development Code (UDC) was the section on outdoor shooting ranges, which was under the heading of Small Scale Recreation and Tourist Facilities. She does not believe there is a category called Commercial Shooting Facilities in the UDC. If the ordinance is only about commercial shooting facilities, and will not address private shooting facilities, is this ordinance comprehensive enough? Do you need to have the ordinance be more comprehensive? At the end of this moratorium process, there will be new regulations that at that point, any new application would be subject to those new regulations. Will vested applications fall under this? The current application may be subject to the moratorium, but would it be vested and not have to apply under the new regulations? She would like clarification that this would encompass enough for the County to do the job it would like to do. It is important that the new regulations speak both to the usage and to scale. She has concerns when it comes to commercial activities being in the appropriate scale. Sometimes an activity may be appropriate for one scale, but inappropriate in another scale and the ordinance needs to cover both use and scale. Keith Rasmussen, Chimacum: He stated he lives within a two-mile radius of the proposed project. As a lifetime hunter and gun owner, he knows that he is well within the range of being affected by the project. He thanked the Commissioners for coming up with this creative way to slow down the process and think about the approach to these kinds of projects with the moratorium. As a resident who is a little bit removed from the proposed property, like many of his neighbors, their primary concern is noise. If he lived right next door to the proposed property, he would be more concerned with flying bullets, impact on wildlife and the development in general. As a developer himself, he knows that the County does a great job of being very careful with impacts on adjacent properties from any activities that go on such as septic and groundwater. They are very tightly monitored to good effect. Noise is one of the factors and Page 3 Commissioners Special Meeting Minutes of February 5, 2018 odor is another one. Noise is a huge factor that is treated differently, even though it greatly impacts neighbors. He did a quick look at the noise ordinance that specifically exempts lawful discharge of firearms. Do we want to address that directly at some point? We do very fine grain regulations on other impacts and maybe that is a possibility in the future. He is not sure if we would be precluded by any state impacts and maybe that is a possibility in the future. He is not sure if we would be precluded by state law or other impacts. It certainly seems that counties have gone to regulations that are more fine- grained that can define what is objectionable, while still allowing people to hunt and target practice, but perhaps on not such a scale that reduces property values and destroys family peace. Pat Stroble, Quilcene: He read from a statement he submitted. (See hearing record) John Austin, Port Townsend: He read from a statement he submitted. (See hearing record) John Hamilton, Port Townsend: He read from a statement he submitted. (See hearing record) John Ebner, Port Townsend: He stated his request is a little unusual. While he does agree fundamentally with the concept of a moratorium in certain instances, he asks that the Commissioners repeal the current Ordinance No. 05-1218-17 which establishes a moratorium for existing and new commercial shooting facilities and creates a new citizen review committee that develops regulations. In addition to the regulations we already have. The moratorium is unnecessarily time-consuming for the Commissioners since there are numerous regulations already in place that address construction, environmental issues, health issues and at least eight references in the County Code to this particular enterprise. The educational pursuits, recreational interests, if they are in accordance with the current regulations, and the applicant does not comply with that process, and with those regulations already in place, no permit. No big deal. If he's not in compliance with Occupational Safety and Health Administration (OSHA), Washington Industrial Safety and Health Act (WISHA), state law, at least eight ordinances with the County Code, if he does not comply with several regulations, no permit. The National Rifle Association (NRA), the USSA a lot of national organizations have standards already, that many regulations refer to as standard business practice. They are available and already out there. We do not need to go ahead with the moratorium that seems to be directed at one particular individual in his pursuit to establish a lawful business in a legal manner. If he doesn't comply with current regulations and statutes, no permit. Duh. The processes that we have already in place address that issue. Noah Frisch, Chimacum: He played audio of nature and gunfire noises. Larry Dennison, Port Townsend: He stated that the proposed moratorium is appropriate. All we need to do is look at the last year or so of complaints against the existing gun range. That gun range has probably been around for a half century, and he has been around for 43 years, and he never found that it bothered him until a few years ago. There is a lot more activity out there. Obviously, a lot more people have moved into that area. He agrees that if you moved into an area where there is a gun range, then you need to be aware its likely to be loud. Conversely, he agrees with whoever stated that if you want to locate a gun range in a residential area, then the bar needs to be a little higher. We should have learned a lesson with our current gun range, that over time, that little gun range has changed quite a lot. It is appropriate to have a moratorium and it is certainly appropriate to spend some time on what we learned with the gun range we currently have. Page 4 Commissioners Special Meeting Minutes of February 5, 2018 a] Joel Kawahara, Quilcene: He stated he supports the moratorium. The planned gun range is incompatible with the rural character of the South County. One impact that is important to consider during the planning stage is the development of several small farms on that end of the County such as the Midori, Bolton and Serendipity farms. If there is shooting and helicopters flying around, it will be difficult for them to pursue their agro-tourism business plans. There is an incompatibility there. He is concerned and he hopes the planning board looks at water usage, large amounts of groundwater being taken from Tarboo Creek may impact salmon. He stated he will submit a written comment. Patrick Sullivan, Port Townsend: He stated he represents Fort Discovery in opposition to the emergency moratorium. Jefferson County Code is specific where commercial shooting ranges can be located, which is forest land. Commercial, rural and/or in -holding. The County got it right in making this designation. In -holding forest parcels are the best choice within the allowed zoning because it represents the most isolated of all parcels, surrounded by forest land so that residential encroachment is unlikely. County Code specifies that the well-established Conditional Use Permit (CUP) process be used to decide the details, and that is what Fort Discovery expected to happen. County officials, including Commissioners past and present have encouraged Mr. D'Amico to relocate his shooting range in a more isolated location. There are only a handful of in -holding forest land properties in east Jefferson County, and some of them are closer to the Dabob Valley floor. Mr. D'Amico did acquire such property and started the permit process with County staff, who acknowledged under the current process and code that he could pursue this. Then the Board of County Commissioners came up with a surprise moratorium to delay the process. One thing about the emergency moratorium that their company supports, is they recognize the County needs to protect and preserve existing and new shooting facilities. A lot of the details that come up tonight will be worked out in the CUP process. State RCW exempts the legal discharge of firearms as a noise issue and County ordinance reflects that. County ordinance cannot overrule state law. Tom Thiersch, Jefferson County: He supports what the Commission has done regarding enacting this moratorium, but believes it may be a little late. He stated it should have been done around the same time the Noise Ordinance was being created, because it was an issue that was brought up around that time, but better late than never. The ordinance establishes a good, reasonable one-year period in which to carefully study the issue, craft necessary legislation and to fill the gap in the County Code, which does not address commercial shooting ranges whatsoever. The only reference is to small recreational facilities. The Sportsmens' Club is certainly not small, not recreational. The other proposed area in the County is also likely not small or recreational in nature. Good work, keep going, thank you. Tami Pokorny, Quilcene: She stated she lives 1.5 miles from Tarboo Lake, and she is speaking as a private citizen. She thanked the Board for the opportunity to show her appreciation for the moratorium and to express herself and her first amendment rights. Her farm raises livestock, not in great numbers, but they have been doing so since 2006. She read from a portion of the EPA's best practices for lead and outdoor shooting ranges where it is estimated that since the late 1990's, 80,000 tons of lead per year is made into bullets and shot. It is clear that "much of this 160 Million pounds of lead shots and bullets per year finds its way into the environment at ranges." She stated she will submit comments regarding lead and wildlife. She requested that Section 2.1 be amended, and that the review committee consider and specifically address the possible consequences of explosives that don't meet the definition of "gun" and whether the use of any exploding material or device outside the barrel of a gun would be appropriate to any gun range in Jefferson County and if so, evaluate the potential impacts to wildlife and people from Page 55 Commissioners Special Meeting Minutes of February 5, 2018 the materials themselves, as well as the shattering and dispersal of any containing object or material, which may themselves pose risks. An idea, given that this is 2018 and there is so much conversation about artificial intelligence and the progress of technology, there may be opportunities to create virtual reality ranges. Those who enjoy this activity, can wear headphones and hear this activity at the volume of their choice. Only real bullets to be utilized on rare occasions when absolutely necessary. Diane Johnson, Ouilcene: She read from a statement she submitted. (See hearing testimony) Riley Parker, Quilcene: He read from a statement he submitted. (See hearing testimony) Greg Overstreet, Sequim: He stated he is general counsel for Fort Discovery and he clarified that it is Fort Discovery that has made the application, not Security Services Northwest (SSNW). He is speaking against the moratorium for 2 reasons, a legal reason and a practical reason. He stated they are vested, and this ordinance is unconstitutional. The County reflects there are flaws in the ordinance. He stated there are good things about the ordinance, which includes an acknowledgment that there needs to be a shooting range or shooting ranges, and there is a reason for this. That reason is the 2017 case Ezelle vs. The City of Chicago, from the Seventh Circuit, which is one step below the Supreme Court. The City of Chicago passed a variety of zoning restrictions on shooting ranges that meant you pretty much could not have a shooting range in the City of Chicago. There was a 2.2% of the City of Chicago that was theoretically available for a shooting range. The Seventh Circuit stated that was unconstitutional. Why? It wasn't about land use and environmental things, it was about the Second Amendment. He quoted from a document titled 846 F.3d 888 at 892. "The core individual right of armed defense includes the corresponding right to acquire and maintain proficiency in firearm use through target practice at a range. The core right to possess firearms for protections wouldn't mean much without the training and practice that make it effective." That is why there needs to be a balance and a shooting range. If only allowing a shooting range in 2.2% of a place is unconstitutional, that would mean that a moratorium on new ones, would also be unconstitutional. The footprint of the Jefferson County Sportsmens' Club is far less than 2.2% of a giant county like Jefferson County. Many people have been talking about how much noise gun ranges have and how they need to be far far away. There is one in the middle of Port Townsend, no one seems to be concerned about that. Look at a map, look at in -holding parcels. This proposed facility is about as far away from population you could possibly have and still be in Jefferson County. It is the perfect place for a gun range. Thank you. Leigh Hearon, Ouilcene: She read from a statement she submitted. (See hearing record) Chris Sanok, Chimacum: He read from a statement he submitted. (See hearing record) Heather Mac Vane, Chimacum: She stated she lives in a house in Chimacum that her husband built. They decided to live there because it was so beautiful. She has a two year old daughter who she is teaching to be a good citizen. This is really a question of pollution and containment. If they can contain the noise and the lead... She is not against guns and hopes we can all be good citizens and take care of each other. Alex Sidles, Seattle: He stated he is a lawyer from Seattle representing the Tarboo Ridge Coalition (TRC). He helped them draft their written comment which he hopes the Commissioners have seen. He stated the Commissioners heard that this County cannot regulate the noise from firearms and that the Page 6 Commissioners Special Meeting Minutes of February 5, 2018 Seventh Circuit case somehow precludes the regulations of gun ranges. Neither of those are true. This County can continue to regulate noise. We have a Noise Control Act (NCA) in this state that sets specific decibel levels from one property to another, and that is a matter of state law. In addition to that, local jurisdictions like Jefferson County can still set conditions and provisions to prevent developments' noise from bothering neighbors. That is not preempted by the NCA. This Board still has the power to consider the noise of gun ranges. The Seventh Circuit case involved a complete ban on gun ranges and that is not what this Board proposes, so we do not need to concern ourselves with that argument. He thanked Chief Civil Deputy Prosecuting Attorney Phil Hunsucker for pointing them to the Kitsap County ordinance. Kitsap County passed a gun range regulation that survived constitutional review, including that issue of the Seventh Circuit case. The Kitsap County regulation can be a good model for the Jefferson County regulation. The remarkable thing they did in Kitsap County was to impose an operating permit requirement on gun ranges. The way that works, the gun range has to keep its noise in check, have a plan for lead abatement, and has to be really careful about safety. If it ever fails one of those things like noise, safety or environmental impacts, then its operating permit is revoked. Enforcement can be such a difficult issue, even if you have a wonderful permitting requirement. If you have no enforcement, someone could sneak in a gun range that was apparently small and maybe make it bigger than what was advertised. The operating permit idea from Kitsap County would prevent that. If the County detects conditions of the operating permit are being violated, it can just revoke the permit. It is a very simple and straight -forward approach to the enforcement piece. Thank you. Mark Rose, Brinnon: He stated he supports the moratorium and the Commissioners have incredible support in the County. We are behind you. Thank you. He stated he is a landowner who believes in and understands the importance of property rights. What we do on our property affects others. Habitat does not respect boundary lines. Noise does not respect boundary lines. He supports the County looking into every degree of this proposal. The State Environmental Policy Act (SEPA) is very important, it specifies creeping and incrementalism. They are going to need to propose a whole gun range, not piece by piece. That is an important element in this. He asked County Administrator Philip Morley, who picks the volunteers for the review committee? County Administrator Morley replied that ultimately the Commissioners will. Mr. Rose asked if that was just arbitrary? What's the method? Chair Sullivan replied that they will not answer any questions tonight. Mr. Rose stated he is a big supporter of the Northwest Watershed Institute and echoes everything Peter Bahls stated. He thanked the Commissioners for the moratorium and asked to have it kept going. Jay Towne, Port Townsend: He stated he is in support of shooting ranges in Port Townsend and in Jefferson County. Jefferson County is a rural county and shooting ranges are a fact of rural life. They have been, they will be. Proposed in this venue is onerous layers of permitting and onerous layers of studies. The science of lead migration in shooting ranges is well established and would not take long for someone with an open mind to understand. What he sees here, by many in this venue, is an attempt to put so many layers of studies and permitting as to make ranges non-viable. It's a rather open -appearing thing. If you don't like shooting in your area, he suggests moving to Marin County, California, they don't have them there. Susan Freeman, Quilcene: She read from a statement she submitted. She also submitted petition signatures she gathered. (See hearing record) Page 7 Commissioners Special Meeting Minutes of February 5, 2018 George Yount, Port Townsend: He stated the Kitsap ordinance is a great model to follow and should certainly speed up the process. He and Sheriff David Stanko believe that all commercial gun ranges should be inside soundproof buildings. If there is noise emitting onto our property, and there is no desire to have that noise there, then there is nothing in the second amendment that says that you cannot charge a fee for discharging that firearm. He proposed that all gun ranges be monitored audibly and that all rounds fired should be imposed a fee. He suggested the fee equal the amount of a noise complaint service and that fee should be imposed on the gun range. We have not had a community meeting on what Fort Discovery/Security Services Northwest's (SSNW) plans are. If they are planning third -party training and the use of helicopters, they are required to follow all the specifications of airspace, approaches and departures which would have a major impact in the Tarboo area. Thank you, and I appreciate your work. Scott Freeman, Quilcene: He stated his comments are towards the work plan for the review committee. He is in strong support of the moratorium and endorses the Commissioners' action. We have a national problem with revitalization of rural counties across this country. He sees Jefferson County as a county that is getting it right. It has been thrilling for the past 15-20 years that he has lived here, to see the number of small agro-businesses and working sustainable forests that have brought this county to national stature as a model. This moratorium is part of that effort. Shooting ranges and hunting are an integral part of our rural life, and getting it right is extremely important for the review committee and guidelines that are delivered to the Board a year from now. He had three points, but the public safety point has already been eloquently spoken. He asked that the review committee look carefully at any shooting ranges that would imperil working farms or forests. We can't have a productive rural economy if we keep losing productive land. Particularly in Jefferson County, it is important because of the public private partnerships that have undergone the last 10-15 years. There is a variety of sensitive natural areas, especially involving salmon streams that will be extremely important for county guidelines to consider. The Quimper Wildlife Corridor, Snow Creek, Chimacum Creek Watershed, Tarboo Creek Watershed, Tarboo Bay, Dabob Bay, are some of those areas. There is a lot of expertise in the County to draw on that the he would urge the review committee to contact such as the Jefferson Land Trust, the North Olympic Salmon Coalition and the Northwest Watershed Institute, among others. There is a lot of horsepower in this County to help the Board make decisions. Marilyn Showalter, Port Ludlow: She stated she supports the moratorium. Regarding noise issue, there has been a lot of back and forth already on whether or not the state preempts the County's entering in that area, and no it does not. The state has a default rule that the counties must follow, and that the Department of Ecology (DOE) promulgated. It says that a county can propose a different rule after its deliberations to the DOE, which then must approve it. Everyone should be clear that noise is totally a legitimate area for the County and the County work plan to be looking into. Other areas to look into is the effect of noise pollution on wildlife and farm animals, human beings and the economy. We live on the water, if any noise hits the water, it goes for miles. We hear gunfire fairly frequently and she doesn't even know where it comes from. Since she knows the neighborhood, the noise must be coming from at least a mile or two away. It is not just the decibel level, it is the repetitive or randomness of it. At first it is startling, then it is just annoying, then it can be enraging. It is a serious subject for people's psychology. The economy is just as important since it's important to all of us. When you think about Jefferson County and how important tourism is and various other activities that take place outdoors, they can easily be compromised by that kind of noise. She hopes that the moratorium and the committee uses its time to look into those subjects in a very thorough way. She believes the committee has the authority Page 8 Commissioners Special Meeting Minutes of February 5, 2018 to modify the state default rule on noise. The suggestion on high tech and silent practice was very good. If airline pilots can practice in virtual situations, gun owners can too. Nicole Fox, Port Townsend: She stated she owns a gun and has a concealed carry permit. She lives less than 1.5 miles from the proposed high intensity weapons training facility. She is not anti -gun. Any new gun range should involve the consideration of neighbors. Our County's less populated pockets are shrinking while the demand for them is growing. More and more people want to live where it is quiet. She moved to her property 13 years ago. because of the unhurried and quiet character of the region. The historic character of the South County region where Tarboo Lake is strategically and centrally located, has been forestry, agriculture, conservation and rural residential development. Over the many decades, this consistent pattern of land use has resulted in hundreds of people like her to move to places like Eaglemount Road. She and her husband raise a two year old and eight year old sons there. We were here first. Living where they do, they hear gunshots, up to a couple times a week, sometimes for an hour. She does not hear automatic weapons or explosions, and not for hours on end every single day. The state exempts authorized gun ranges from gunfire noise limitations from 7:00 a.m. to 10:00 p.m. What is that like to come home to? What is that like during dinner time and when you put your kids to bed? Would you feel like maybe you're not living in a rural residential neighborhood with all that commercial -grade noise? Who benefits if hundreds of families no longer want to live or visit an area where high-intensity, repeatedly explosive noises are exported at any time from 7:00 a.m. to 10:00 p.m. seven days a week? One corporation benefits from the severe reduction of her quality of life, lowering of her property values and the questionable viability of her future in her home. She asked for those in the audience that support gun ranges, to support the moratorium. Everyone here wants continued viability for what each of them value dearly, and in that we have common cause. We all have to live with each other, and we all have a voice. Take the opportunity to get to know your neighbors and ask what promotes the most viability for the most people involved. Do not alienate your reasonable, thoughtful and enthusiastic neighbors. We all want sustainability and a good life in our communities, whether it be a place to shoot or a place to keep living. Justine Wagner, Sequim: She stated she represents Fort Discovery and is speaking in regards to safety as it was addressed in the moratorium. Fort Discovery has a 30 -year perfect track record of safety. There is no evidence of a stray round ever leaving any of the ranges at Fort Discovery. There is a Conditional Use Permit (CUP) process in which they will address specific safety issues. Fort Discovery has consultants who will help them develop the best management practices to meet all appropriate health, safety and environmental guidelines. They have had the land surveyed and are aware of designated wetland areas and the lake, and they will not be disrupted. All setbacks will be adhered to and respected and addressed during the CUP process. The CUP will allow for superior siting of various small-scale recreation and educational activities onto a site that is relatively isolated. The property has in -holding forest zoning. The request Cedar Hills site is surrounded by CF80 Commercial Forest -zoned lands. Rural residential lands do not adjoin to the facility. The new Cedar Hills recreational facility will be harmonious and appropriate for the new area in that residential and urban development is relatively absent. The requested CUP is inherently appropriate in design, character and appearance for the proximate and associate rural forest area that surrounds the site. The land meets all requirements laid by the County for a facility such as this. They intend to have a range master on duty at all times who will enforce safety regulations for the use of firearms. Educational courses will be available to prepare those for using the facility. If safety is something we are both concerned with, both for our safety and the environment, a facility such as this should be encouraged. We are there as an available facility within Page 9 Commissioners Special Meeting Minutes of February 5, 2018 reach for those in our community. A facility such as Cedar Hills in our area will limit dead-end roads becoming County shooting ranges, and help protect our citizens. Teri Hein, Quilcene: She read from a statement she submitted. (See hearing record) Fern Stroble, Quilcene: She read from a statement she submitted. (See hearing record) Patricia Young, Ouilcene: She stated she is co-owner of Yaks in the Cradle Farm in Quilcene. She is known as the Yak Lady. When she was looking for a place to live, it was important for them to find a place that was peaceful and quiet because she lives with epilepsy. She has had epilepsy since she was 5 years old. Lack of sleep and stress are both triggers for her seizures and finding a place like Tarboo Valley is quintessential to her healing and recovery. Living with livestock, both the yak and the pygora goats has been an amazing experience. We have extended that to other individuals and work with veterans and animal -assisted therapy programs. They recently completed a 4-H program where they will be the 4-H County and State leads for Yak 4-H, which will be the first in state history. They will be offering programs where children can work with them on programs with the yak and pygora goats. She thanked the Commissioners for putting the moratorium together, it's really important to them and they appreciate the thoughtfulness put into it. Robyn Johnson, Quilcene: She read from a statement she submitted. (See hearing record) Peter Newland, Quilcene: He thanked the Commissioners and staff and everyone who turned out for the hearing. This is a community conversation that is essential. The 1,200 signatures that were gathered in support of the moratorium represent 4% of the Jefferson County population, that is quite a few people that support the moratorium, as does the Tarboo Ridge Coalition (TRC). He read from a statement he submitted. (See hearing record) Tom Parks, Jefferson County: He stated that in the morning Commissioners' meeting, he gave a brief rundown of the effect of gunfire on the fire station on Jacob Miller Road, as well as the Humane Society. He promised the Commissioners a video of the daily use. He picked a Saturday a week ago. He played the video and stated it was at 90 decibels in his yard, and stated the video depicted what it was like every day. You were told 3,000 maximum rounds per day, not so, it's much more than that. ' Jennifer Scott, Sequim: She stated she is a Corporate Officer for Fort Discovery and she would like the Commissioners to repeal the moratorium that is in place. You have adequate regulations in County Code, and she has been working through that Code with the County for the past 8-9 months. The process for Cedar Hills began in April when they acquired the property. They had an initial meeting with the Department of Community Development (DCD) at which time they discussed the Code and how they would progress through it. They met with the Commissioners at the end of May and were very open about what their plans were. They brought maps and documentation and they were open with what their hopes were and what they wanted to do in this County. At that point, they felt very optimistic about the project and their transparency and they had an official pre -application meeting with DCD and staff. DCD toured their new and proposed location and they continued to move forward with them and addressing the required actions they requested as they worked towards their application. They met with neighboring community members who were concerned in the beginning of September and welcomed their comments and thoughts as they progressed through the process. Everything seemed fine in the fall, Page 10 Commissioners Special Meeting Minutes of February 5, 2018 and in October, they had worked through their septic, well and traffic impact analysis. At the end of November, the County permitted their well and they began that process. The very beginning of December, we were informed that David Greetham was leaving DCD and we had a wonderful conversation with DCD and they asked them if they should submit their application at this point, and they requested that they hold it until we had all our tests done, which we were working through. That meeting was on December 6, 2017, and on December 18, 2017 they received a phone call that there was a moratorium in place. From their staff s point of view, they believe there is already plenty of regulation in Code and they are working very slowly and diligently to do their best to view everyone's opinion to make sure they are abiding by County Code and regulation. Thank you for letting us voice our opinion. We truly do want to work with this community with the regulation in Code we already have. It is very effective and DCD is great in helping us navigate it. Heather Burns, Quilcene: She read from a statement she submitted. (See hearing record) Neil Morgan, Jefferson County He stated he has been a resident of this County for 66 years. He has participated in shooting, and other forms of recreation. He has listened to all the testimony tonight and his comments will be questions and concerns, followed by written recommendations and questions. He supports the moratorium in principle only, but he cannot and will not support the moratorium based upon what the Commissioners have implemented. They have put a moratorium on shooting ranges, but yet they have totally closed their eyes on the negative impacts caused by other shooters which you see day to day on every side road in Jefferson County, including Tarboo Lake. He had concerns over that, he approached Washington State Department of Natural Resources, Washington State Department of Fish and Wildlife, Pope and Talbot Resources, Jefferson County and the complaint and issue was that they do not have enough staff to do anything about it. He has heard from a lot of people who are concerned about gun safety and stray bullets and noise. Not one person has talked about those impacts created by non -gun range users. It is time for the Commissioners to open up their eyes, acknowledge that there is a problem there, and do something about it, then he may listen. Have you heard of Farm Program? It is a program specifically put together and administered by the Washington State Recreation and Conservation Office, specifically for shooting ranges. He spoke to them the other day with his concerns about the program and asked how much money is there in this cycle? They said Neil, there is $800,000 sitting because it's not being used. Get off your rears and do something about it. Ray McFarland: He stated he supports the National Rifle Association (NRA) and he is a member of the Jefferson County Sportsmens' Association. One of the biggest things the County needs to do is look at the safety of the people that are out in the woods, just shooting away. They don't have any place to go. Where would young people in the cities own weapons? They have no place to compete with one another. He supports a new gun club or a place for young and old people to learn the safety of their weapon before they just go out and wave it around. Thank you. or Jean Ball, Ouilcene: She thanked the Commissioners for hearing their comments. This moratorium is more than a little reminiscent of another moratorium we had in Jefferson County in regards to marijuana and the land use issues that surrounded that. What that mostly boiled down to was impacts. How are these new proposed uses of the land impacting neighbors and other people's enjoyment of their land? The path that was taken in that moratorium was such that the regulations drafted were intended to minimize the impacts. It seems to me we are headed in that same direction now. She is within 10,000 Page 11 Xc-5c,7711Commissioners Special Meeting Minutes of February 5, 2018 feet of this proposed land use. It doesn't seem fitting to her that the rights of one land owner trump the rights of another land owner. This business should be located in a commercial or industrial zone. She stated she will submit the rest of her comments in writing. Nancy Erecca, Port Townsend: She read from a statement she submitted. (See hearing record) Michael Ritter, Jefferson County: He has lived here since 2000 and does not usually get involved with politics. He is in favor of both gun ranges. He proudly belongs to the Jefferson County Sportsmens' Association. They get a lot of false information through the newspaper, even tonight there has been some. Does anyone know the hours we practice? Has anyone ever gone on the website? We are closed on Monday, except for law enforcement, and that is only once in a while. Usually law enforcement comes to practice with them. He is proud to say that they have a good group of law enforcement. He does competitive shooting up there. He uses pistol powder which keeps the noise down, it is not as loud as rifle powder. He lives in Snow Creek Ranch, and Eaglemount 4600 is down almost to Discovery Bay, he is five miles from Discovery Bay, and it is still another four miles as the crow flies to Joe D'Amico's organization. Has anyone ever thought that by them building an area where they can land helicopters, that in a disaster, it's 21 days there they are saying we will be without food here. The airport out here cannot hold a C130, so Chinook helicopters will have to land somewhere. He has also worked for the fire department and Joe D'Amico has let them use their landing field in Discovery Bay to transport critical people. Regarding the Jefferson County gun range, they have very safe practices there, and he has been to many gun ranges. We have retention ponds for the water. He is against this whole moratorium. You have more important work to do, and he commends them for doing what they do, because he wouldn't want to do it. Abraham Dorny, Chimacum: He has listened to a lot of different opinions and passionate statements. He is a member of the Jefferson County Sportsmens' Association. It sounds like this moratorium is directed at a specific application. If this site does not pass, and is not acceptable for any number of reasons by the decision of the Board, the community or both, he would be interested in hearing. If that site is not acceptable from those who support gun safety, where would there be an acceptable site? Ranges are a far safer place to practice, whether it's just sighting in a rifle, or someone is seeking training for something more dynamic. It's a dangerous world in some places, some people choose to take steps to protect themselves and their families for that. That does not necessarily involve sighting in a rifle. If not this place, he would love to hear where. It would be a good idea to offer more options for citizens here. Steven Blazina, Port Ludlow: He stated that he is a member of the Jefferson County Sportsmens' Association range. It is a very safe facility. People do need a place to practice safe firearm usage. You need to train. There are a lot of people out in the woods. One lady said earlier in the meeting that she lived in the Shine area and hears gunfire and she doesn't know where it comes from. He hears gunfire there too. Some of the gunfire comes from people who own five acres or more, and they can shoot. Some of it is from people shooting in unauthorized, dangerous places. We need safe places to shoot. We need ranges that attempt to make the best of the conditions available. He does not know where in Jefferson County you can set up a gun range that will make everyone happy. "It's not in my backyard" all the time. He is under the impression that you had done due diligence and had done research and done the best possible place. Now he's hearing tonight there are a lot of people in that area who are saying it's not the best place. He does not know, he is not a geographer. You need to find the best, safest, least likely impacted by population and put a gun range there. If that is Mr. D'Amico's range, so be it. We Page 12 Commissioners Special Meeting Minutes of February 5, 2018 need safe ranges and the old "Not in my backyard" thing is probably not going to work in Jefferson County. It appears that everyone lives in a backyard here in Jefferson County. He is a member of the Kitsap Rifle and Revolver club, which has been in that County for 91 years. You have the opposite there, we say we were there first and that does not work with the Kitsap County Commissioners. They are just not buying it, they want us out of there, and we are not going anywhere. He urged the Commissioners to find the most viable spot that impacts the least amount of people and allow an operating range, under conditions and controls obviously, but that is what needs to be done, and someone is not going to be happy. John Minor, Port Townsend: He stated he is a member of the Jefferson County Sportsmens' Association. He is not for or against the moratorium. The ordinance to build ranges is a good thing. Our Commissioners are real good at taking care of the county so we should support them instead of talking against them. Mike Halverson, Quilcene: He stated he lives 1.5 miles from Tarboo Lake and has been there since 2001. There are a lot of hunters that operate in there and a lot of target shooters. He hears every shot fired where this proposed range would be located. Tarboo Lake is owned by the Washington State Department of Natural Resources, and they stocked that lake with 1,500 trout last year. Two miles from that lake is Lake Leland that was stocked with over 9,500 trout. Children in the area learn to fish there. The state has authorized $350,000 for the upgrades to Lake Leland, perhaps a dock and approaches. Property values would be destroyed at least for a radius of two miles around that lake. I am selfish, that is my property there too. Kids learn how to fish out there, some like him, get hooked for life. They will end up getting a saltwater fishing boat and put a lot more money into this economy than a fellow with a few guns. He will submit a written record this week. James Lagergren, Port Townsend: He thanked the Commissioners for holding a public hearing on the moratorium. He spends a lot of time looking at land use and zoning and sometimes it's not an easy thing to do. It is difficult to balance economic opportunities with the need for people who live in areas. This conversation has been really refreshing tonight, to hear the civility from different points of view, and to have a larger conversation on an issue that is quite contentious, pro or con. He will give two possibilities and a four-way test. If we allow the plan to go forward right now, is it a truth that this will not affect the people that live there? It is going to affect them. Is it fair to everyone concerned, both Fort Discovery and the residents? I don't think so. Will it build goodwill and friendships between the two entities? I don't think so. Will it be beneficial to all concerned in this community? I don't think so. If we go ahead with the moratorium, is it the truth that both sides will get an opportunity to continue this discussion? Yes. It is fair to both Fort Discovery and the residents? I think so. Will it build goodwill and friendships? Maybe, maybe not, but it provides an opportunity for that conversation to happen. Will it be beneficial to everyone concerned? That is the point of democracy. It is a good idea that the moratorium stay in place and the conversation continue. Thank you. Joe D'Amico: He stated he is with Fort Discovery and thanked people for attending, whether pro or con. We are open minded and he thanked the County and the Department of Community Development (DCD) and both County Administrator Philip Morley and Chief Civil Deputy Prosecuting Attorney Philip Hunsucker for being open minded too. He appreciates the opportunity to come here and tell their story. He is fourth generation, so when people say "they came here first," he holds a little bit of water. They started out in Discovery Bay and have had a range out there for 30 years. People complained and Page 13 Commissioners Special Meeting Minutes of February 5, 2018 they started to look for an alternative location, trying to do the right thing. They found in -holdings, areas that were very remote and zoned for gun ranges, and that is what they found. He knows a lot of people who live out there and it sounds like they do. It sounds like a lot of people do not know the plan, because we have not had an opportunity to give the plan, so there's a lot of people who are scared and wondering what is going to happen. He has a list of concerns raised tonight and will not have time to address all of them, but rest assured, they want to be good neighbors. That is what we want to do. He has heard people say things and be snarky and do stuff, and if that is how you were raised, then fine, but the County already owns 40 acres of lead, it's called the Jefferson County Sportsmens' club. We will take care of our lead, make sure we do best management practices. He is against the moratorium and wonders what the pressure will put on this County financially. We had a process going through the Conditional Use Permit process, and this County took it upon themselves, politically, to issue a moratorium. Right or wrong, I think it will cost the County a lot of money. I'm not making any threats, just this meeting alone is costing the County in staff time, it has cost me a lot of money having staff here. It is not a threat. A lot of people have talked about property values. Go look at Discovery Bay, we have been there 30 years, tell me one piece of property that has gone down in value. Lead, we will take care of that. Regarding noise, we just got back from a conference and will be putting baffling into concrete barriers to see what we can do, similar to what they do on freeway lanes. There are different things to look at and it's too early right now for people to start panicking about noise. We do not even know what the effects will be on the Tarboo area because we have not done any studies. Explosives, bombs and helicopters, and all this stuff, this is hysteria. Those helicopter zones are for Emergency Medical Services (EMS), thank you. Demetri Klauss, Quilcene: He stated he lives off of Old Tarboo Creek Road. Regarding enforcement over unlawful trespassing and shooting. There has been multiple instances of unlawful shooting and trespassing on the property where he is living. A lot of those times he has felt compelled to run after and shoo these folks away. On one occasion he was on a ridge right under where they were shooting at, so he yelled "Stop!" and they thankfully heard him and stopped. He went to confront them and let them know it was private property and not Pope land, which they thought it was. They graciously packed up their stuff and decided to leave. They let him know they were from about an hour away from that location. They had come a long way just to go there. If there are some folks willing to go that far just to see the wild, he imagines there is a wider range for people interested in going shooting. In addition to confronting people that are trespassing and shooting, it is important to actually report it to the police. He started reporting the most offensive cases where people were very close, very loud and rapid firing. That is an option, in terms of enforcement, which may increase the profile of trespassing. He is not quite sure how a private range in the area would influence people. It is quite expensive to keep a range going. Don Trathaway: He stated he does not live anywhere near the range, thankfully. Why does the range have to be in Jefferson County? Is that a must? It went from Discovery Bay, why does it have to stay in Jefferson County? It can go to the Yakima Firing Center (YFC). When he was in the Army, you could shoot all you want, as much as you want and make as much noise as you want. He was sad to hear the YFC is no longer active. Enormous property, a long way from all of us. Why does that facility have to be in Jefferson County? Are we the only county they can be in? 1 don't think so. He has listened to everyone. He is for the moratorium. Hearing no further testimony, Chair Sullivan closed the public hearing. Page 14 Commissioners Special Meeting Minutes of February 5, 2018 Commissioner Kler moved to extend the public comment period for written testimony to Friday, February 9, 2018 at 4:30 p.m. Commissioner Dean seconded the motion which carried by a unanimous vote. NOTICE OF ADJOURNMENT: Commissioner Kler moved to adjourn the meeting at 8:37 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 15 C0 �of ON ssro ,t �TII NG`S� El District No. 1 Commissioner: Kate Dean District No. 2 Commissioner: David W. Sullivan District No. 3 Commissioner: Kathleen Kier County Administrator: Philip Morley Jerk of the Board: Erin Lundgren MINUTES Week of February 12, 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: • Three individuals commented on the activities of the Jefferson County Sportsmen's Association Gun Club; • An individual commented on the proposed Public Records Act Compliance Policy; • An individual commented on the economy of the United States and suggested ways that Jefferson County's economy could improve; • Two individuals commented on the excellent work by Jefferson County and the Washington State Department of Ecology on the Shoreline Master Program; • Five individuals commented on the recent hearing on the moratorium on commercial shooting facilities and one person asked about the newly forming committee tasked with addressing concerns on this issue; • Three individuals commented on the activities of the proposed Cedar Hills shooting facility; and • An individual alerted the Commissioners of House Bill 2967. 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. 2 3. 4. RESOLUTION NO. 10-18 re: Re-establishing Jefferson County Cash Drawer, Petty Cash Account and Revolving Fund Amounts in Various County Departments HEARING NOTICE re: Public Records Act Compliance Policy; Hearing Scheduled for Monday, March 19, 2018 at 10:30 a.m. in the Commissioners' Chambers (Amended dater in the meeting) CANCELLATION OF BID OPENING re: Solid Waste Disposal per Warrant of Abatement for 890 Old Hadlock Road, Port Hadlock, WA 98339 AGREEMENT, Supplement No. 1 re: Upper Hoh Road MP 9.7-9.8 Emergency Repair, County Project No. 18019880, Federal Aid No. ER -1601(016); In the Amount of $66,602; Jefferson County Public Works; Washington State Department of Transportation (WSDOT) AGREEMENT, Amendment No. 1 re: Olympic Discovery Trail (ODT) — Discovery Bay to Larry Scott Trail Project; In the Amount of $200,000; Jefferson County Public Works; Washington State Recreation & Conservation Office (RCO) Page 1 Commissioners Meeting Minutes of February 12, 2018 6. AGREEMENT re: Gibbs Lake County Park Caretaker; In the Amount of $12,000 per year; Jefferson County Public Works; Cher West - Albright 7. AGREEMENT re: 2018 Hotel Motel Grant Funding; In the Amount of $60,095; North Hood Canal Chamber of Commerce 8. AGREEMENT re: 2018 Hotel Motel Grant Funding; In the Amount of $38,445; Forks Chamber of Commerce 9. AGREEMENT re: 2018 Hotel Motel Grant Funding; In the Amount of $20,000; Centrum 10. AGREEMENT re: 2018 Hotel Motel Grant Funding; In the Amount of $60,195; Jefferson County Historical Society 11. AGREEMENT re: 2018 Hotel Motel Grant Funding; In the Amount of $19,468; Jefferson County Chamber of Commerce 12. AGREEMENT re: 2018 Hotel Motel Grant Funding; In the Amount of $23,610; Quilcene Historical Museum 13. AGREEMENT re: 2018 Hotel Motel Grant Funding; In the Amount of $4,205; Jefferson County Farmer's Market 14. AGREEMENT re: 2018 Hotel Motel Grant Funding; In the Amount of $41,625; Jefferson County Parks & Recreation 15. AGREEMENT re: 2018 Community Services Grant Funding; In the Amount of $5,060; Jefferson County Fair Association 16. AGREEMENT re: 2018 Community Services Grant Funding; In the Amount of $3,220; Gardiner Community Center 17. AGREEMENT re: 2018 Community Services Grant Funding; In the Amount of $141,270; Olympic Community Action Program 18. AGREEMENT re: 2018 Community Services Grant Funding; In the Amount of $14,030; Port Townsend Senior Association 19. AGREEMENT re: E911 County Basic Service Operations; In the Amount of $312,052; JeffCom 911; Washington State Military Department and State Enhanced 911 Fund 20. AGREEMENT re: Provide Cooperative Marketing Activities to Promote Tourism in Jefferson County and the Olympic Peninsula; In the Amount of $27,000; Jefferson County Tourism Coordinating Council (TCC); Olympic Peninsula Tourism Commission (OPTC) 21. Letter of Support re: Lower Big Quilcene River Design and Acquisition Grant Proposal, an important component to Salmon Restoration and Recovery in Hood Canal; Hood Canal Salmon Enhancement Group, The Salmon Center 22. Payment of Jefferson County Vouchers/Warrants Dated February 1, 2018 Totaling $1,463 23. Payment of Jefferson County Payroll Warrants Dated February 5, 2018 Totaling $963,403.21 APPROVAL of MINUTES: Commissioner Kler moved to approve the Special Meeting Minutes of October 4, 2017 as presented. Commissioner Dean 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 February 12, 2018 CERTIFICATION re: Annual Inventory of the Capitalized Assets as of December 31, 2017: Clerk of the Board/Human Resources Manager Erin Lundgren stated that each year, the Board of County Commissioners must certify the annual inventory of the capitalized assets. Each Board member swore under oath that the statements made in the inventory certification are true. The meeting was recessed at 9:57 a.m. and reconvened at 10:02 a.m. with all three Commissioners present. UPDATE re: Washington State Department of Natural Resources (DNR) 0 Quarter County Income Report: DNR Regional Manager Mona Griswold, State Lands Assistant Drew Rosanbalm and Olympic Region Management Forester Dave Hurn briefed the Board on the 4th Quarter County Income Report. Also present for the briefing was Treasurer Stacie Prada and Assessor Jeff Chapman. Ms. Griswold stated that DNR is working on developing a new format for the income reports and is seeking input from counties. She added that there is a tentative DNR Junior Taxing District informational meeting set for February 21, 2018. Washington State DNR manages approximately 14,705 acres of State Forest Transfer and Purchase Lands that benefit Jefferson County. Mr. Rosanbalm stated that these lands generated $1,086,000 in calendar year 2017. Net value under contract for calendar year 2018 is estimated at $302,000 from activities expected to occur under current contracts. Mr. Rosanbalm reviewed past, present and upcoming timber sales and other forestry -related topics. BID OPENING re: Supply of Liquid Asphalt Products for Bituminous Surface Treatment for Calendar Years 2018-2020: Public Works Engineer/Project Planner Dale Seward stated that the bid opening is for two types of liquid asphalt products, CRS2P oil (main solution) and CSS1 50% diluted solution (sealing the road). The engineer's estimate is for CRS2P is $335/ton and CSS1 is $230/ton with a delivery estimate of $78/ton. Mr. Seward opened and read aloud the following two bids: BIDDER Husky Marketing and Supply Company Shoreline, WA Albina Asphalt Vancouver, WA BID AMOUNT CRS2P $385/ton CSS1 $325/ton Delivery $75/ton CRS2P $400/ton CSS1 $265/ton Delivery $76/ton Mr. Seward stated that annually, they will need about 550 tons of the CRS2P and 150 tons of the CSS 1. Staff will review the bids and bring a recommendation for bid award to the Board at a future date. Page 3 Commissioners Meeting Minutes of February 12, 2018 CONTINUED DELIBERATION re: Ordinance No. 05-1218-17 re: Moratorium on Commercial Shooting Facilities: County Administrator Philip Morley noted that the Commissioners extended the comment period for written testimony on the moratorium regarding commercial shooting facilities to February 9, 2018 at 4:30 p.m. Commissioner Dean asked if the moratorium will be revised to include the Department of Community Development's (DCD) suggested amendments? County Administrator Morley replied that it will not be included yet. There is a question on DCD's suggestion regarding noise testing on who would pay that cost. Chief Civil Deputy Prosecuting Attorney (DPA) Philip Hunsucker stated that whoever is requesting the testing will have to pay for those services. Commissioner Kler asked what if it is the Citizen's Advisory Committee who requests the testing? County Administrator Morley replied that it would then be the County who pays for the testing. Chair Sullivan noted that the committee that will be formed will be advisory only. Chair Sullivan asked if the noise testing were to be added to the ordinance, would that amendment rise to the level of another public hearing? County Administrator Morley replied that it probably would not, but that it is a grey area between something minor and something more substantial. DPA Hunsucker stated that the public has been informed that changing the ordinance is a part of the process and his inclination is that the proposed amendment would not require holding another hearing. County Administrator Morley added that there is a question of how significant the amendment would be to the ordinance. The Commissioners and staff discussed the newly forming advisory committee, applicants and positions to be filled. The Commissioners directed staff to insert language into the moratorium regarding their comments and concerns for review during the afternoon session. The meeting was recessed at 11:20 a.m. and reconvened at 1:31 p.m. with all three Commissioners present. COUNTY ADMINISTRA TOR'S BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Miscellaneous Items: • Letter re: oil and gas drilling; Commissioner Dean will prepare a draft letter for review EXECUTIVE SESSION. An Executive Session was scheduled from 1:30 p.m. to 1:40 p.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 1:34 p.m. to 1:45 p.m. At the conclusion of the Executive Session the Board resumed the regular meeting. Page 4 Commissioners Meeting Minutes of February 12, 2018 EXECUTIVE SESSION. An Executive Session was scheduled from 1:40 p.m. to 2:00 p.m. with the County Administrator 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 1:46 p.m. to 2:44 p.m. At the conclusion of the Executive Session the Board resumed the regular meeting. CONTINUED DELIBERATION re: Ordinance No. 05-1218-17 re: Moratorium on Commercial Shooting Facilities: County Administrator Philip Morley noted that the Department of Community Development (DCD) proposed language at the beginning of public testimony on the Commercial Shooting Facilities Moratorium hearing on February 5, 2018. Since then, there has been some feedback on the comments and some revisions made. The Commissioners reviewed the current revisions. County Administrator Morley stated that he has extended the application deadline for the moratorium review committee by two weeks and notice has been sent to the newspaper. DISCUSSION re: Consent Agenda Item No. 2 re: HEARING NOTICE re: Public Records Act Compliance Policy; Hearing Scheduled for Monday, March 19, 2018 at 10.30 a.m. in the Commissioners' Chambers: Commissioner Dean moved to remove the RCW from the originally - approved hearing notice as it was listed incorrectly. Commissioner Kler seconded the motion which carried by a unanimous vote. COUNTY ADMINISTRA TOR'S BRIEFING SESSION- Continued: County Administrator Philip Morley reviewed the following with the Board. Miscellaneous Items: • Legislative update • Port Townsend Airwatchers; odor complaints • Clallam County; pursuing lawsuit regarding opioids • Quilcene Park shelter; new chimney installed and they are looking into a metal roof • Critical Areas Ordinance Page 5 Commissioners Meeting Minutes of February 12, 2018 NOTICE OFADJOURNMENT: Commissioner Kler moved to adjourn the meeting at 4:03 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 6 co O� $ON C ssrO VIIINas x 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 Week of February 20, 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: • Three individuals commented on the U.S. Navy's Special Training Operations in the County and would like to see the Navy's environmental assessment comment period extended; • Four individuals commented on school shootings, shooting deaths and gun control in the United States; • An individual: 1) Gave a moment of silence for the recent school shooting; and 2) Played audio of gunfire at the Jefferson County Sportsmen's Association (JCSA) Gun Club; • An individual contacted the Animal Shelter and the Fire Department near the JCSA and they stated they did not have a problem with the gunfire noise. The JCSA wants to be a safe place for lawful gun owners to shoot; • An individual: 1) Stated the Commissioners have to be proactive on assisting businesses in the County; and 2) Gave statistics children born in Africa and Somali; • An individual called for the Commissioners to take a stand on access to weapons; and • An individual: 1) Noted that many people are speaking against automatic weapons, which already cannot be purchased; 2) Stated the Navy is not damaging the environment with their training; and 3) Stated the County wants to be all farms and parks, there needs to be a balance with high intensity uses too. 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. AGREEMENT re: Moderate Risk Waste Facility Ventilation Improvements; In the Amount of $18,502; Jefferson County Public Works; Morgan Mechanical, Inc. 2. AGREEMENT re: Medicaid Administrative Claiming; In the Amount not to Exceed $38,248; Jefferson County Public Health; Washington State Association of Local Public Health Officials 3. AGREEMENT, Amendment No. 1 re: Provide Recommendations for Improvements to Jefferson County Public Health; No Dollar Amount, Extension of Time Only; Jefferson County Public Health; McDonald Consulting 4. AGREEMENT re: Community Integration Services; In the Amount of $10,537; Jefferson County Public Health; Concerned Citizens Page 1 Commissioners Meeting Minutes of February 20, 2018 5. AGREEMENT re: Community Integration Services; In the Amount of $17,564; Jefferson County Public Health; Skookum Contract Services 6. AGREEMENT re: Approval of Data Sharing, Non -Disclosure & Use for JeffCom 911 to utilize MIL'S contracted Emergency Services IP Network (ESInet); No Dollar Amount; Jefferson County Administrator; Washington State Military Department 7. AGREEMENT, Amendment No. 3 re: Digital Media Management for Tourism Coordinating Council (TCC); In the Amount not to Exceed $40,600; Jefferson County Administrator; Steve Shively, dba S3 Solutions 8. Advisory Board Appointment re: Jefferson County Noxious Weed Control Board; Four (4) Year Term Expires February 20, 2022; District No. 3 Representative, Owen French 9. Advisory Board Appointment re: Jefferson County Developmental Disabilities Advisory Board; Three (3) Year Term Expires February 20, 2021; Laura Cook 10. Payment of Jefferson County Vouchers/Warrants Dated February 12, 2018 Totaling $941,910.45 and Dated February 20, 2018 Totaling $759,719.54 11. Payment of Jefferson County A/P Warrants Done by Payroll Dated February 6, 2018 Totaling $139,691.69 COMMISSIONERS' BRIEFING SESSION. • The Commissioners reported on their meeting schedules. LETTER re: Jefferson County Comments on Draft Environmental Assessment for Naval Special Operations Training in Western Washington State: Commissioner Kler stated that she is struck by the different levels of communications disseminated by the Navy and that it would serve the community better to get the full picture, so the community can better voice their opinions. She added that she attended a Naval demonstration on how they will conduct their training in Jefferson County. Commissioner Dean stated she would like to add to the letter Jefferson County's concerns regarding environmental impacts, critical areas ordinance areas, more information on the use of County parks and the desire for better communication. Commissioner Kler moved to direct staff to prepare a letter as discussed to send to the Navy regarding Naval Special Operations training and extending the comment period, for the Board of County Commissioners' Chair to sign. Commissioner Dean seconded the motion which carried by a unanimous vote. The meeting was recessed at 9:58 a.m. and reconvened at 10:02 a.m. with all three Commissioners present. Page 2 Commissioners Meeting Minutes of February 20, 2018 BID OPENING re: Salmon Creek Bridge — West Uncas Road, Project No. 18019341, County Road No. 500209, ROC Project 15-0092: Public Works Engineering Services Manager Eric Kuzma and Engineer Mark Thurston were present for the bid opening. Mr. Thurston stated the engineer's estimate is $849,900. He opened and read aloud the following nine bids: BIDDER BID AMOUNT InterWest Construction $1,133,466.00 Neptune Marine $1,071,995.67 Nordland Construction Northwest $942,367.00 Olympic Peninsula Construction, Inc. $1,243,223.00 Orion Marine Group $1,404,393.00 Pacific Pyle and Marine $1,293,293.00 Quigg Brothers, Inc. $1,215,020.00 Redside Construction, LLC $1,156,617.00 Seton Construction $966,121.20 Staff will review the bids and submit a recommendation for bid award to the Board at a future date. CONTINUED DELIBERATION re: Moratorium Ordinance on Commercial Shooting Facilities — Continued from February 12, 2018: County Administrator Philip Morley stated that the Commissioners held a hearing on a Moratorium Ordinance on Commercial Shooting Facilities on February 5, 2018. After the hearing, the Commissioners extended the public comment period for written testimony through February 9, 2018 at 4:30 p.m. Last week, the Commissioners held deliberations on the moratorium, discussed refining language based on one piece of testimony provided during the hearing which requested a revision to the ordinance to allow for noise testing events. The Commissioners deliberated and discussed the draft clarifying amendment language on noise event testing. County Administrator Morley stated that this is about whether a land use of a certain type can be sited at a certain location, what the impacts will be, and how those impacts will be mitigated. He added that the County recognizes that regarding shooting, the state has preempted the noise, but this is about establishing the land use and intensity of land use in that location. For adherence on the intensity of the use, the County will need to take reasonable measures which include monitoring and measurement of the intensity use. Chief Civil Deputy Prosecuting Attorney (DPA) Philip Hunsucker stated there will be a permitting process for the land use. Commissioner Kler stated the moratorium is providing the Commissioners space for careful deliberation to speak about everyone's rights. Chief Civil DPA Hunsucker added that considering the public safety aspect of the ordinance is just as important as the process itself. Page 3 Commissioners Meeting Minutes of February 20, 2018 NK Commissioner Dean stated that she would like to see the Commissioners be involved in the review of what is being proposed for noise testing. Chief Civil DPA Hunsucker replied that they can hold an information session where proposals for testing would be reviewed. After further deliberation, Commissioner Dean moved to approve ORDINANCE NO. 01-0220-18 re: Amending Ordinance No. 05-1218-17 re: Ordinance Establishing a Moratorium on Commercial Shooting Facilities in Unincorporated Areas of Jefferson County. Commissioner Kler seconded the motion which carried by a unanimous vote. Central Services Director Mark McCauley stated the DCD director has designated him to be her representative in working with the review committee and he is also involved in the RFP process for obtaining a consultant. LETTER re: U.S. Secretary of the Interior Proposed Oil Drilling Lease off the Coast of Washington: Commissioner Dean worked with the Marine Resources Committee to get the draft letter. She has added to that draft and revised it to reflect the Commissioners' concerns. She distributed the letter for the Commissioners to review. Commissioner Kler moved to approve sending the letter to the U.S. Secretary of the Interior re: Jefferson County's strong opposition to the proposed oil drilling lease off the coast of Washington. Commissioner Dean seconded the motion which carried by a unanimous vote. COMMISSIONERS' BRIEFING SESSION - Continued. The Commissioners reported on their meeting schedules and gave a legislative update. The meeting was recessed at 11:04 a.m. and reconvened at 11:13 a.m. with all three Commissioners present. CLOSED SESSION. • A Closed Session was scheduled from 11:10 a.m. to 11:30 a.m. with the County Administrator, Clerk of the Board/Human Resources Manager and Central Services Director 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 11:13 a.m. to 11:40 a.m. At the conclusion of the Closed Session the Board resumed the regular meeting. EXECUTIVE SESSION. An Executive Session was scheduled from 11:30 a.m. to 12:00 p.m. with the County Administrator 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 Page 4 Commissioners Meeting Minutes of February 20, 2018 was from 11:41 a.m. to 12:32 p.m. At the conclusion of the Executive Session the Board resumed the regular meeting. NOTICE OF ADJOURNMENT: Commissioner Dean moved to adjourn the meeting at 12:32 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: JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Kathleen Kler, Member Carolyn Gallaway, CMC Kate Dean, Member Deputy Clerk of the Board Page 5 o� c��ssr OIN Ej 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 O�Af_ MINUTES Week of February 26, 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: • Three individuals commented on their concerns regarding the Pleasant Harbor Master Planned Resort; • An individual urged the Commissioners to notify the local newspapers that the County loathes them allowing ads to be run regarding weapons of mass destruction for sale; • An individual warned the Commissioners that zoning issues that happened in Santa Monica, California could happen here; • An individual: 1) Commented on neighbors at the Port of Port Townsend who forced a $3 Million per - year marine operation out of business due to noise; and 2) Gave the Board suggestions to better the economy in Jefferson County; • An individual spoke about the Shooting Range Moratorium and asked the Commissioners to appoint him to the committee; • An individual voiced his concerns regarding the County's proposed Public Records Act (PRA) Policy and offered his suggestions; • An individual commented on the Port of Port Townsend and invited the public to attend upcoming Port meetings; • An individual: 1) Stated the County's online public records request portal should not have a log -in; and 2) Voiced concern that the County's Public Records Administrator created an account for him to view his public records, thus impersonating him and violating the County's own privacy policy; • An individual: 1) Asked to poll the audience; 2) Showed a newspaper article where a Democrat was able to conduct a poll during a recent public hearing; 2) Commented on records he received from a Public Records Request regarding Commissioner Kler's emails; 3) Spoke about a recent Democratic Party meeting where his business was talked about and mocked, the Tarboo Ridge Coalition (TRC) was invited to speak and he was not, and the County Prosecutor spoke about an open investigation involving Fort Discovery; and 4) Stated he is invested in the Cedar Hills shooting facility and will move forward; • An individual stated: 1) He agreed that a poll of the audience during a public hearing was inappropriate; and 2) He spoke about the recent Democratic Party meeting and noted that the party did not take a stance on the shooting range moratorium or the proposed shooting facility; and • An individual stated: 1) She gathered votes as a member of TRC and believes the issue is bi-partisan; and 2) The Supreme Court will not hear President Trump's travel ban appeal. Page 1 Commissioners Meeting Minutes of February 26, 2018 APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Chair Sullivan noted that Item No. 10 lists an incorrect total amount but that the amount in the agreement is correct. Central Services Director stated that the online version of the Agenda has already been corrected. Commissioner Dean moved to approve all the items on the Consent Agenda as clarified. Commissioner Kler seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 11-18 re: Establishing the Dates for 2019 Budget Submissions, Review Hearings and Final Adoption 2. RESOLUTION NO. 12-18 and AGREEMENT re: Website Support to aid in Homeowner Inspection; In an Amount Not To Exceed $10,000; Jefferson County Public Health; Varium Media LLC. 3. AGREEMENT re: Tarboo Creek, Farm and Forest Conservation Futures Funding; In the Amount of $97,100; Jefferson County Environmental Public Health; Jefferson Land Trust 4. AGREEMENT, Amendment No. 1 re: Transitional Housing Services; Additional Amount of $9,069 for a Total of $49,069; Jefferson County Public Health; Olympic Community Action Programs (OlyCAP) 5. AGREEMENT, Amendment No. 1 re: Inmate Services; Additional Amount of $12,189 for a Total of $63,235; Jefferson County Public Health; Discovery Behavioral Healthcare 6. AGREEMENT, Amendment No. 1 re: Transitional Housing Services; Additional Amount of $8,571.18 for a Total of $28,571.18; Jefferson County Public Health; Discovery Behavioral Healthcare 7. AGREEMENT, Amendment No. 1 re: School Based Mental Health Services; Additional Amount of $24,126 for a Total of $161,282; Jefferson County Public Health; Discovery Behavioral Healthcare 8. AGREEMENT, Amendment No. l re: Expanded Mental Health and Chemical Dependency Treatment; Additional Amount of $9,099 for a Total of $29,222; Jefferson County Public Health; Discovery Behavioral Healthcare 9. AGREEMENT re: Maintenance and Support for Superior Court Courtroom Recording Equipment; In the Amount of $3,370; Jefferson County Superior Court; Justice AV Solutions (JAVS) 10. AGREEMENT NO. 15-1192R, Amendment No. 1 re: Puget Sound Acquisition and Restoration (PSAR) Fund for Salmon Creek Bridge Construction, West Uncas Road Project, County Project No. 18019341, County Road No. 500209; Additional Amount of $145,472 for a Total of $1,073,472; Jefferson County Public Works; Washington State Recreation and Conservation Office (Corrected amounts listed) 11. AGREEMENT NO. 16-1845D re: Memorial Field Lighting Replacement; In the Amount of $250,000; Jefferson County Public Works, Parks and Recreation; Washington State Recreation and Conservation Office 12. AGREEMENT NO.2018ANE00065 re: To Renew Road/Land Permit for two (2) Waste Sites on the West End; In the Amount of $1,500; Jefferson County Public Works; Rayonier Operating Company, LLC 13. BID AWARD re: Supply of Liquid Asphalt for the 2018-2020 Bituminous Surfacing Treatment Program; In the Amount of $972,750; Jefferson County Public Works; Husky Marketing and Supply Company 14. Motion to Approve Payment re: Special Dues Assessment for Counties Coastal Caucus Funding; In the Amount of $2,500; Jefferson County Administrator; Washington State Association of Counties (WSAC) Page 2 Commissioners Meeting Minutes of February 26, 2018 01 15. Letter of Assurance re: Accessible Communities Act; Debbie Himes, Governor's Committee on Disability Issues and Employment 16. Payment of Jefferson County Payroll Warrants Dated February 20, 2018 Totaling $79,664.64 and A/P Warrants Done by Payroll Dated February 20, 2018 Totaling $16,537.52 COMMISSIONERS' BRIEFING SESSION: The Commissioners reported on their meeting schedules. BID OPENING re: Supply of Aggregate Products for County Bituminous Surface Treatment (BST): Public Works Engineer Dale Seward stated the bids are for a two year contract and the Engineer's estimate is $138,460.00. He explained that they requested a delivery and pick-up price. He added that selling the material in this manner to the County is not profitable to businesses and they have to add additional shifts to produce materials for us. Mr. Seward stated that they requested %2" and 1/" rock product and anticipate a cost of $21.22/ton for %z" rock, and $22.28/ton for 1/" rock. They will need 6,000 tons of the %z" material and 500 tons of the 1/" material. He opened and read aloud the following two bids: BIDDER Allen Shearer Trucking and Landscape Supply, Inc., Belfair MJ Trucking and Contracting, Inc., Bremerton BID AMOUNT 1/2" or 1/" Rock $36.99/ton for pick-up %i" or 1/0" Rock $41.00/ton for delivery %2" or 1/" Rock $38.50/ton for pickup No delivery price bid Mr. Seward stated they can decide to split the bid award, if necessary. Staff will review the bids and submit a recommendation for bid award to the Board at a future date. The meeting was recessed at 10:11 a.m. and reconvened at 10:30 a.m. with all three Commissioners present. HEARING re: Sale Tax Title Property: Treasurer Stacie Prada stated that Ronald George Dickinson has submitted an application to purchase tax title property for the minimum bid required at the time of sale of $1,648.16. The parcel in question is vacant land located at the northwest corner of Coyle Road and West Go-onna Drive in Quilcene. 25% of this parcel was acquired as tax title property in 1997 and another 25% was acquired in 2008 when each of them didn't sell at foreclosure sales in those respective years. The remaining 50% of the property went into foreclosure in 2017, and it sold to Mr. Dickinson during the December 2017 foreclosure sale. The current ownership of the parcel is 50% Mr. Dickinson and 50% tax title held in trust by Jefferson County. The process to sell the 50% tax title property held in trust is Page 3 a= Commissioners Meeting Minutes of February 26, 2018 ql through Board action with a public hearing. Subsequent to the Board's determination to sell tax title property, the property may be sold at a County auction or through sealed bid submittal. Commissioner Kler noted that the Assessor lists the property as two separate parcels. Treasurer Stacie Prada explained that each parcel number is 50% interest in one property. She added that parcel numbers are for assessing and billing, not just for land use, that is why when you sell something you need to go by the legal description of the property, not just the house number. Chair Sullivan asked if the County has any use for this property? Treasurer Prada replied that the County does not have interest in half a parcel. Commissioner Kler asked if the best practice is to conduct a sealed bid and not an auction? Treasurer Prada replied that a sealed bid is her preference. Chair Sullivan opened the hearing for public testimony. Tom Thiersch, Jefferson County: He stated it is an interesting explanation about the fact that this is an ownership interest and not a physical parcel description that is being proposed for sale. He tried to look it up on the County's website and thought he found the assessed value to be listed at $12,000, but was not sure about that. He would like that confirmed. If it is the case, a half ownership interest should be $6,000. The County, in its sealed bid solicitation for bids, should at least put in an acceptable minimum bid price. You shouldn't just be giving it away. Yes, it will be returning the property to the Jefferson County tax rolls, which is a good purpose, but the amount of tax involved is pretty small. The County would probably be better off holding onto the parcel until they can get a decent price for it. He recommends that a floor be set, something around half of a half, around $3,000. That would serve the public interest. Let's get rid of all the surplus property that the County doesn't need. We've got a lot of stuff that we have absolutely no use for. The market is pretty decent right now, and you're not making any more land. Sell what we don't need, thanks. Mike Belenski: He stated he just read this information in the agenda packet. His understanding is that since nobody bid on it, there is a statute that allows someone to petition the County to have a sealed bid or an auction for a property like that. Assuming this gentleman has done that, he is pulling it out of the archives and putting it out there so himself and others can bid on it. Is that correct? It seems unlikely that someone else would bid on it. Hopefully the County can get more than $1,600 for it. He is not sure if the County can legally seek more than the back taxes for it. It's not worth it to anyone else other than the guy who already owns half. If you can try and squeeze more out of him, the County will be better off for it. Hearing no further testimony, Chair Sullivan closed the public hearing. Treasurer Prada stated in response to Mr. Belenski's comment, the answer is yes. The gentleman who purchased the 50% in December 2017 did petition for $100, to have the County move forward, which would be reimbursed if he is not the high bidder. The minimum bid is the amount of taxes owed, minus any other expenses they have along the way. The Commissioners and Treasurer Prada continued to discuss the minimum bid. Page 4 Commissioners Meeting Minutes of February 26, 2018 Commissioner Dean noted that in the future, the Assessor could weigh in on property values when the Board has to set a minimum bid. She moved to approve RESOLUTION NO. 13-18 re: Notice of Intention to Sell Tax Title County Property. Commissioner Kler seconded the motion which carried by a unanimous vote. The meeting was recessed at 10:54 a.m. and reconvened at 11:03 a.m. with all three Commissioners present. EXECUTIVE SESSION: An Executive Session was scheduled from 11:00 a.m. to 11:30 a.m. to discuss Hiring/Discipline/Performance Review; under exemption RCW 42.30.110(1)(i) as outlined in the Open Public Meetings Act. The meeting was paused at 11:03 a.m. and reconvened at 11:05 a.m. when a member of the public challenged the exemption to the Executive Session. Chair Sullivan stated the issue is not time -sensitive and will be rescheduled to another time to make sure the Executive Session is being held appropriately. The meeting was recessed at 11:07 a.m. and reconvened at 11:30 a.m. with all three Commissioners present. EXECUTIVE SESSION. An Executive Session was scheduled from 11:30 a.m. to 12:00 p.m. with the Central Services Director 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 11:32 a.m. to 11:59 a.m. At the conclusion of the Executive Session the Board resumed the regular meeting. The meeting was recessed at 11:59 a.m. and reconvened at 1:30 p.m. with all three Commissioners present. PRESENTATION re: Marine Resources Committee: Members of the Marine Resources Committee briefed the Board on their annual report and gave an overview of their past, present and upcoming projects. COUNTY ADMINISTRA TOR'S BRIEFING SESSION: Acting County Administrator/Central Services Director Mark McCauley reviewed the following with the Board. Miseellaneous Items: • Ballot boxes; Auditor Rose Ann Carroll reviewed the cost of this unfunded mandate Page 5 Commissioners Meeting Minutes of February 26, 2018 AMENDED LETTER re: Jefferson County Comments on Draft Environmental Assessment for Naval Special Operations Training in Western Washington State: The Commissioners originally approved sending a letter to the Navy regarding their concerns with naval training in Jefferson County, and to extend the written comment deadline. Commissioner Dean stated that the navy comment deadline has been extended through March 23, 2018. She distributed a revised letter and reviewed her edits. Commissioner Dean moved to amend the motion made last week and to send a letter to the Navy regarding training operations in Jefferson County, to include edits made to a draft letter, and adding three Commissioner signature lines. Commissioner Kler seconded the motion which carried by a unanimous vote. COUNTY ADMINISTRA TOR'S BRIEFING SESSION- Continued: Acting County Administrator/Central Services Director Mark McCauley reviewed the following with the Board. Calendar Coordination: • The Commissioners reviewed their meeting schedules Miscellaneous Items: • Legislative update • Comprehensive Plan Update; upcoming June 2018 deadline • Washington State Association of Counties; Laura Berg is retiring • Minimum bid requirement; insufficient occurrences to warrant changing policy • Emergency Management Director; first review is March 2018 • Shooting range moratorium; Consultant and review committee discussed NOTICE OFADJOURNMENT.• Commissioner Kler moved to adjourn the meeting at 4:04 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 6 co o� ON C SsrO District No. 1 Commissioner: Kate Dean District No. 2 Commissioner: David W. Sullivan District No. 3 Commissioner: Kathleen Kier County Administrator: Philip Morley Clerk of the Board: Erin Lundgren MINUTES Week of March 5, 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: • 17 Jefferson County employees submitted a petition from the UFCW Bargaining team and represented employees in support of their efforts; • Three individuals voiced their support of the County employees who previously commented; • An individual stated that the County needs more retail stores, jobs, good food and acreage for manufacturing; • An individual stated: 1) There will be a student demonstration on March 14, 2018 regarding school safety; and 2) We do not need assault weapons; • An individual showed video of gunfire noise coming from the Port Townsend shooting range and stated that the proposed shooting facility near Tarboo Valley will sound the same; • An individual stated: 1) The Governor received over 10,000 emails regarding the Public Records Act (PRA) veto. The Legislature must make their records open to the public; and 2) The public was promised participation in forming the County's new PRA policy. He suggested the County follow the State's policy; and • An individual stated he is concerned about the shellfish in the vicinity of the Black Point resort and noted there is already a major marina north of that property. 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. HEARING NOTICE re: Community Development Block Grant (CDBG) for 2018 Public Service Grant Application and Closeout of 2017 Public Services Grant; Olympic Community Action Programs (OlyCAP); Hearing Scheduled for Monday, March 19, 2018 at 10:00 a.m. in the Commissioners' Chambers 2. CALL FOR BIDS and APPROVAL of CONTRACT PLANS re: Dosewallips Road MP 1.67 Permanent Repair, County Project No. 18019960, County Road No. 250008; Bids Accepted Until 9:30 a.m. and Opened and Read Publicly at 10:00 a.m., or Shortly Thereafter on Monday, March 26, 2018 in the Commissioners' Chambers; Jefferson County Courthouse Page 1 Commissioners Meeting Minutes of March 5, 2018 3. AGREEMENT, Amendment No. 1 re: Cultural Resource Assessment; An Additional Amount of $2,777.77 for a Total of $10,682.38; Jefferson County Public Health; Stell 4. AGREEMENT re: Early Intervention Education and Therapeutic Services, Birth - 3 Years; In the Amount of $10,850; Jefferson County Public Health; Port Townsend School District 5. AGREEMENT re: Early Intervention Education and Therapeutic Services, Birth - 3 Years; In the Amount of $4,650; Jefferson County Public Health; Chimacum School District 6. AGREEMENT re: Shooting Range Consultant Services; In the Amount of $40,000; Central Services Department; C. Vargas and Associates, LTD 7. BID AWARD re: Salmon Creek Bridge/West Uncas Road, Project No. 18019341, County Road No. 500209; In the Amount of $942,367; Jefferson County Public Works; Nordland Construction NW 8. Federal Lands Access Program (FLAP) Application re: Snow Creek Road Culvert Replacement, M.P 0.84; Jefferson County Public Works; Western Federal Lands, Federal Highway Administration (FHWA) 9. Federal Lands Access Program (FLAP) Application re: Upper Hoh Road Resurfacing, M.P. 0.00 — M.P. 12.04; Jefferson County Public Works; Western Federal Lands, Federal Highway Administration (FHWA) 10. Payment of Jefferson County Vouchers/Warrants Dated February 26, 2018 Totaling $214,012.79 and Dated February 28, 2018 Totaling $3,088.91 APPROVAL of MINUTES: Commissioner Kler moved to approve the Regular Meeting Minutes of November 6, 13, 20 and 27, 2018 and the Special Meeting Minutes of November 21, 27 and 30, 2017 as presented. Commissioner Dean seconded the motion which carried by a unanimous vote. The meeting was recessed at 9:53 a.m. and reconvened at 10:00 a.m. with all three Commissioners present. BID OPENING re: Publication of County Legal Notices: County Administrator Philip Morley opened and read aloud the following two bids: BIDDER Peninsula Daily News Port Townsend/Jefferson County Leader BID AMOUNT $5.50 Per column inch Helvetica 7.2 font Circulation in Jefferson County: 2,021 copies $8.50 per column inch Helvetica 7.0 font Circulation in Jefferson County: 6,587 copies Staff will review the bids and make a recommendation for bid award at a later date. Page 2 Commissioners Meeting Minutes of March 5, 2018 5-11C The meeting was recessed at 10:07 a.m. and reconvened at 10:18 a.m. with all three Commissioners present. EXECUTIVE SESSION. An Executive Session was scheduled from 10:15 a.m. to 10:30 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 10:19 a.m. to 10:50 a.m. At the conclusion of the Executive Session the Board resumed the regular meeting. The meeting was recessed at 10:50 a.m. and reconvened at 10:53 a.m. with all three Commissioners present. EXECUTIVE SESSION. • An Executive Session was scheduled from 10:30 a.m. to 11:00 a.m. with the County Administrator 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 10:55 a.m. to 11:26 a.m. At the conclusion of the Executive Session the Board resumed the regular meeting. EXECUTIVE SESSION: An Executive Session was scheduled from 11:00 a.m. to 11:30 a.m. to discuss Performance of a Public Employee; Exemption as Outlined in the Open Public Meetings Act, RCW 42.30.110(1)(g); No discussion of Salaries, Wages, and Other Conditions of Employment to be Generally Applied within the County; and, No Final Action on the Hiring, Setting the Salary of an Individual Employee or Class of Employees, or Discharging or Disciplining an Employee. The actual period of time the Board met in Executive Session on this topic was from 11:27 a.m. to 11:55 a.m. At the conclusion of the Executive Session the Board resumed the regular meeting. The meeting was recessed at 11:55 a.m. and reconvened at 1:32 p.m. with all three Commissioners present. BRIEFING re: Snow Creek — Conservation Futures Proposed Change to Barry Property Boundary: Information from the agenda materials state that the Environmental Health Department is requesting that the Commissioners allow for the acquisition of the Barry Property, which is part of the Snow Creek Watershed Acquisitions Conservation Futures Project, and to proceed while acknowledging the need for a future boundary line adjustment to reduce the size of the parcel, APN #802021005, from 22.02 acres to 19.64 acres in order to document a historical landowner understanding. Page 3 Commissioners Meeting Minutes of March 5, 2018 The date for closing has been postponed to accommodate information -gathering and is now scheduled for March 16, 2018. Jefferson Land Trust (JLT) requests to proceed with the transaction and to follow it closely with an application to the Department of Community Development for a boundary line adjustment to coincide with a previous understanding between landowners and resulting in a final parcel area of no less than 19.64 acres. Due to the minor reduction in acreage, Environmental Health Staff views the proposed change as de minimus and administrative, and no further amendment to the project agreement with JLT is felt to be necessary. Environmental Health Specialist Tami Pokorny and JLT Executive Director Sarah Spaeth were present to brief the Commissioners on their request. Ms. Spaeth stated that they are proposing to move forward with the purchase process and do the boundary line adjustment later. The deed of right would not be recorded until the property description is officially approved by the County. Commissioner Dean moved to take the information from Environmental Health and move ahead with the acquisition and subsequent boundary line adjustment. Commissioner Kler seconded the motion which carried by a unanimous vote. LETTER re: Bureau of Ocean Energy Management (BOEM) and Call for Comments on the Draft Proposed Five -Year Outer Continental Shelf (OCS) Offshore Oil and Gas Leasing Program for 2019 through 2024: Environmental Health Specialist Tami Pokorny requested that the Commissioners consider approving a letter to the Bureau of Ocean Energy Management (BOEM) on a draft five-year offshore oil and gas leasing program for 2019 through 2024. Under the Outer Continental Shelf Lands Act (OCSLA), as amended, the BOEM will prepare and maintain a five-year "draft proposed program" (DPP) for proposed public oil and gas lease sales on the U.S. Outer Continental Shelf (OCS) for the period from 2019 through 2024. The DPP proposes 47 lease sales during the five- year period: 12 in the Gulf of Mexico region, 19 in the Alaska region, 9 in the Atlantic region, and 7 in the Pacific region. The DPP would make available more than 90% of the total OCS acreage and more than 98% of undiscovered technically recoverable oil and gas resources on the OCS. The region which includes the OCS off the Pacific Coast of Washington State has not been included in the DPP since 1992. Major oil spills in 1988 and 1991 (Nestucca and Tenyo Maru) released a combined 331,000 gallons and significantly impacted state, Canadian and Tribal resources. Comments on the DPP are due by March 9, 2018. After further discussion, Commissioner Kler moved to authorize sending a letter to the Bureau of Ocean Energy Management regarding Call for Comments on the draft proposed five-year Outer Continental Shelf (OCS) Offshore Oil and Gas Leasing Program for 2019 through 2024, and for staff to modify the letter and supplement with the Commissioners' letter approved February 20, 2018 and the Marine Resources Committee letter. Commissioner Dean seconded the motion which carried by a unanimous vote. Page 4 Commissioners Meeting Minutes of March 5, 2018 COUNTYADMINISTRATOR'S BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Miscellaneous Items: • Jefferson County Strategic Plan; meeting scheduling Calendar Coordination: • The Commissioners reviewed their meeting schedules The meeting was recessed at 2:28 p.m. and reconvened at 2:35 p.m. with all three Commissioners present. ADDITIONAL BUSINESS - CLOSED SESSION.- A Closed Session was added to take place from 2:30 p.m. to 2:50 p.m. with the County Administrator 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 2:36 p.m. to 3:36 p.m. At the conclusion of the Closed Session the Board resumed the regular meeting. COUNTYADMINISTRATOR'S BRIEFING SESSION - Continued: County Administrator Philip Morley reviewed the following with the Board. Calendar Coordination: • The Commissioners reviewed their meeting schedules Miscellaneous Items: • Shooting Range Moratorium Committee; review of applications to serve on the committee Page 5 Commissioners Meeting Minutes of March 5, 2018 NOTICE OF ADJOURNMENT: Commissioner Dean moved to adjourn the meeting at 4:22 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: JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair ATTEST: Kathleen Kler, Member Erin Lundgren, CMC Kate Dean, Member Clerk of the Board Page 6