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Home My WebLink AboutM0205180, C�Ilss District No. 1 Commissioner: Kate Dean ON CO�jQ� District No. 2 Commissioner: David W. Sullivan ,4 District No. 3 Commissioner: Kathleen Kler ti 1.14 County Administrator: Philip Morley Clerk of the Board: Erin Lundgren DSIII NG�O MINUTES Week of February 5, 2018 In the absence of Chair David Sullivan, Commissioner Kler called the meeting to order at the appointed time in the presence of Commissioner Kate Dean. Chair David Sullivan arrived at 9:07 a.m. PUBLIC COMMENT PERIOD: The following is a summary of comments made by individuals in attendance at the meeting and reflect their personal opinions: • An individual thanked Commissioner Dean for testifying against a bill that would give commanders of military bases authority over local land use regulations; • An individual commented on the high amount the County has paid out in public records request lawsuits; • Four individuals are in support of the Pleasant Harbor Master Planned Resort moving forward; • Two individuals urged the Commissioners not to approve a Consent Agenda item regarding a Public Records Act Compliance Policy; • Two individuals commented on the upcoming hearing regarding a moratorium on commercial shooting facilities; • One individual provided audio of shots recorded near the gun range in Port Townsend; and • One individual expressed concerns regarding transients living in the Brinnon Motel. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Kler moved to delete Item No. 1 and approve the remaining items on the Consent Agenda as presented. Commissioner Dean seconded the motion which carried by a unanimous vote. 1. (DELETED) HEARING NOTICE re: Public Records Act Compliance Policy; Hearing Scheduled for Monday, March 12, 2018 at 10:00 a.m. in the Commissioners' Chambers 2. HEARING NOTICE re: Pleasant Harbor Master Planned Resort Development Agreement and Development Regulations; Hearing Scheduled for Monday, April 9, 2018 at 6:00 p.m. in the Superior Courtroom, Jefferson County Courthouse 3. RESOLUTION NO. 07-18 re: HEARING NOTICE re: Notice of Intention to sell Tax Title County Property; Hearing Scheduled for Monday, February 26, 2018 at 10:00 a.m. in the Commissioners' Chambers 4. RESOLUTION NO. 08-18 re: Cancellation of Uncollectible Personal Property Taxes 5. CALL FOR BIDS re: Supply of Aggregate Products for Bituminous Surface Treatment (BST) for Calendar Year 2018-2019; Bids Accepted Until 9:30 a.m. and Opened and Read Publicly at 10:00 a.m. or Shortly Thereafter on Monday, February 26, 2018 in the Commissioners' Chambers Jefferson County Courthouse Page 1 Commissioners Meeting Minutes of February 5, 2018 , 6. CALL FOR BIDS re: Solid Waste Disposal per Warrant of Abatement for 890 Old Hadlock Road, Port Hadlock, WA 98339; Bids Accepted Until 9:30 a.m. and Opened and Read Publicly at 10:15 a.m. or shortly thereafter on Tuesday, February 20, 2018 in the Commissioners' Chambers Jefferson County Courthouse 7. AGREEMENT re: Board of County Commissioners Chambers Video Streaming and Archiving; In the Amount of $7,188 per year; Jefferson County Central Services; AV CaptureAll, Inc. 8. AGREEMENT re: To Fund Support of North Pacific Coast Marine Resources Committee (NPC - MRC); In the Amount of $80,000; Jefferson County Public Health; Washington State Department of Fish & Wildlife 9. AGREEMENT NO. CLH18247 re: 2018-2020 Consolidated Contracts; In the Amount of $374,705; Jefferson County Public Health; Washington State Department of Health 10. AGREEMENT re: 2018 Hotel Motel Grant Funding; In the Amount of $66,700; Jefferson County Historical Society -Gateway Visitor's Center 11. AGREEMENT re: 2018 Hotel Motel Grant Funding; In the Amount of $150,000; Jefferson County Tourism Coordinating Council 12. AGREEMENT re: County Road Administration Board (CRAB) Rural Arterial Program Grant Funding Application Upper Hoh Road Emergency Repair, M.P. 8; County Project No. 18020380; In the Amount of 374,000; Jefferson County Public Works 13. AGREEMENT, Change Order No. 1 re: Upper Hoh Road Emergency Repair, M.P. 8; Additional Amount of $90,885.36 for a Project Total of $240,885.36; Jefferson County Public Works; Seton Construction, Inc. 14. AGREEMENT re: Engineering & Architectural Services for Olympic Discovery Trail - Discovery Bay to Larry Scott Trail Connection, Preferred Route Report, County Project No. 18019891; No Dollar Amount; Jefferson County Public Works; Alta Planning & Design, Inc. 15. AGREEMENT re: Jefferson County Comprehensive Plan Professional Services; In an Amount Not to Exceed $57,670; Jefferson County Department of Community Development; BERK Consultants, Inc. 16. AGREEMENT re: Juvenile Detention Services; In the Amount of $100 per Bed per Day; Jefferson County Juvenile Services; Kitsap County Juvenile Court 17. Motion to Ratify 2018 Step Increases for County Employees in UFCW Local 21 18. Advisory Board Reappointment re: Solid Waste Advisory Committee; Two (2) Year Term Expiring February 12, 2020; D.M.-Murray's Disposal Alternate, Chad Young 19. Advisory Board Reappointment re: Civil Service Commission; Six (6) Year Term to Expire November 14, 2023; Dennis Cowan 20. Payment of Jefferson County Vouchers/Warrants Dated January 22, 2018 Totaling $814,304.33 21. Payment of Jefferson County Payroll Warrants Dated January 19, 2018 Totaling $79,660.89 and A/P Warrants Done by Payroll Dated January 19, 2018 Totaling $16,541.27 DISCUSSION re: Consent Agenda Item No. I re: HEARING NOTICE re: Public Records Act Compliance Policy, Hearing Scheduled for Monday, March 12, 2018 at 10:00 a.m. in the Commissioners' Chambers: County Administrator Philip Morley stated that if the hearing notice is not approved during the morning session, staff would not be able to notify the newspaper in time for the deadline to print in this week's paper. After further discussion, County Administrator Morley suggested tabling the discussion for the afternoon session. Page 2 Commissioners Meeting Minutes of February 5, 2018 APPROVAL of MINUTES: Deputy Clerk of the Board Carolyn Gallaway noted that the Agenda reads the "Regular Meeting Minutes of October 9, 2017" when it should read the "Special Meeting Minutes of October 9, 2017," and that the Special Meeting Minutes of October 4, 2017 were not listed, but were a part of the packet. Commissioner Kler moved to approve the Regular Meeting Minutes of October 2, 9, 16 and 23, 2018 and the Special Meeting Minutes of October 4, 2017 as presented. Chair Sullivan suggested waiting a week and approve the Special Meeting Minutes of October 4, 2017 on the next agenda. Commissioner Kler amended her motion to approve the Regular Meeting Minutes of October 2, 9, 16 and 23, 2017 as presented. Commissioner Dean seconded the motion which carried by a unanimous vote. DISCUSSION re: AGREEMENT Settlement of Harvey Public Records Lawsuit in the amount of $50,000: County Administrator Philip Morley stated that he recommends the Commissioners approve the proposed settlement of a Public Records Act (PRA) lawsuit filed by Mr. Alan Harvey. Mr. Harvey requested records from the County on November 16, 2016. A timely response to the request was sent on November 18, 2016, promising responsive records by January 13, 2017. Unfortunately, by mistake, the records were not provided as promised. Mr. Harvey filed a lawsuit on November 17, 2017, seeking penalties and attorney's fees under the Public Records Act (PRA). All responsive records were provided to Mr. Harvey within a short time after the mistake was discovered, at the time the lawsuit was served on the County. The PRA provides for penalties up to $100 per day per record for each day a responsive record is not provided in response to a request under the PRA. In addition, the PRA authorizes attorney's fees and costs to requestors who file PRA litigation and prevail. Often, the exposure to a defendant in a PRA lawsuit is greater for attorney's fees, than for penalties. The County and Mr. Harvey jointly have negotiated a settlement agreement that resolves the lawsuit, and eliminates potential exposure to the County from the lawsuit in excess of the settlement amount. Mr. Harvey has signed the Settlement Agreement. Commissioner Dean moved to approve the SETTLEMENT AGREEMENT between Alan Harvey and Jefferson County regarding Mr. Harvey's 2017 lawsuit against the County under Washington's Public Records Act. Commissioner Kler seconded the motion which carried by a unanimous vote. The meeting was recessed at 10:11 a.m. and reconvened at 10:23 a.m. with all three Commissioners present. EXECUTIVE SESSION. • An Executive Session was scheduled from 10:00 a.m. to 10:30 a.m. with the County Administrator, Chief Civil Deputy Prosecuting Attorney and Community Development Associate Planner regarding Attorney -Client Privilege, Potential Litigation under exemption RCW 42.30.110(1)(i) as outlined in the Open Public Meetings Act. The actual period of time the Board met in Executive Session on this topic was from 10:24 a.m. to 11:45 a.m. At the conclusion of the Executive Session the Board resumed the regular meeting. Page 3 Commissioners Meeting Minutes of February 5, 2018 -Q The meeting was recessed at 11:46 a.m. and reconvened at 1:32 p.m. with all three Commissioners present. DISCUSSION re: Consent Agenda Item No. 1 re: HEARING NOTICE re: Public Records Act Compliance Policy, Hearing Scheduled for Monday, March 12, 2018 at 10.00 a.m. in the Commissioners' Chambers - Continued. Information from the Agenda materials stated that the current Jefferson County policy for public records requests "Jefferson County Records Access Policy" has been in place since 2006 when it was adopted. Effective July 23, 2017, Washington State legislation has amended significant features of the Public Records Act (PRA), requiring Jefferson County to adopt new procedures as well as update some already existing procedures. Newly required procedures were adopted in ESHB 1594 and ESHB 1595. The new legislation also authorizes jurisdictions to collect fees for electronic copies of public records. Staff prepared the proposed policy to implement the changes mandated by the new legislation and update the procedures to be used by Jefferson County employees when responding to Public Records Requests (PRR). The new policy has been through an extensive development and review process. A draft of the policy was produced in mid-July 2017, and an ad hoc committee was formed to discuss and review the draft, which then went to department heads, elected officials and public records liaisons for further review. County Administrator Philip Morley explained that model rules are underway by the State Attorney General, but have not yet been adopted. He asked if we could adopt those rules even if they are not finalized? Chief Civil Deputy Prosecuting Attorney (DPA) Philip Hunsucker replied that we would be approving their 2007 version since the current model is not completed. County Administrator Morley added that the model rules would also not include the fee schedule. County Administrator Morley noted that the draft policy incorporates statutes so that everything is located in one document. County Administrator Morley stated that the hearing notice will be brought forward, along with an updated agenda request explaining the process, at a later date. COUNTY ADMINISTRA TOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Miscellaneous Items: • Brinnon Community Center; concerns regarding homeless people breaking in • Shooting Range Moratorium; discussion regarding logistics for the hearing • Shooting Range Moratorium Committee; only two applications received • Legislative update • Behavioral Health Organization; integration • PUD Privilege Tax; Washington State asking for County input • Navy; $44 Million project on Indian Island, public comment open Page 4 Commissioners Meeting Minutes of February 5, 2018 Washington State Department of Natural Resources (DNR); upcoming Junior Taxing Districts information meeting Grant proposal; Chair Sullivan is working on a letter and will bring forward more information at a later date Calendar Coordination: • The Commissioners reviewed their meeting schedules NOTICE OFADJOURNMENT.• Commissioner Kler moved to adjourn the meeting at 3:40 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Dean seconded the motion which carried by a unanimous vote. ATTEST: Ot'1� Carolyn Gallaway, CMC Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Kathleen Kler, Member Kate Dean, Member Page 5 db a 1 ATTEST: Ot'1� Carolyn Gallaway, CMC Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Kathleen Kler, Member Kate Dean, Member Page 5