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HomeMy WebLinkAbout081618_cbs01 50 4w` N `o0 _, DRAFT :f ..- , ASF„,0,0 MINUTES Jefferson County Board of Commissioners Regular Meeting — Monday, August 6, 2018, 9:00 a.m. Jefferson County Courthouse—Commissioners' Chambers 1820 Jefferson Street, Port Townsend, WA CALL TO ORDER: Chair David Sullivan called the meeting to order 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: • Comment regarding a speed limit change petition for Shine Road. • Comment regarding a Code Enforcement Officer in Jefferson County • Comment regarding a Code Enforcement Officer, Civil Enforcement Attorney, fire prevention, wood shake roofs,jobs, the Comprehensive Plan Update and a business in Discovery Bay. • Comment regarding gunfire noise from a shooting range in Port Townsend. • Comment regarding a Consent Agenda item pertaining to water in Quilcene. • Comment regarding Joe D'Amico's complaint against Jefferson County. • Comment regarding the Commissioners providing a better synopsis of other meetings they are attending. • The Commissioners and County Administrator addressed comments and concerns raised during the Public Comment Period. • Comment regarding a Code Enforcement Officer in Jefferson County. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Kler moved to remove Item No. 1 regarding three applications for grant assistance to the Washington State Recreation and Conservation Office in 2018. Commissioner Dean moved to remove Item No. 8 regarding a Water Rights application. Commissioner Dean moved to approve the remaining items on the Consent Agenda as presented. Commissioner Kler seconded the motion which carried by a unanimous vote. 1. (DELETED)RESOLUTION re: Authorizing Jefferson County Board of Commissioners to Legally Bind Jefferson County with Respect to Three(3)Applications for Grant Assistance to the Washington State Recreation and Conservation Office(RCO)in 2018; 1)RCO#18-1227 Lower Big Quilcene Floodplain Acquisitions Project;2)RCO#18-1228 Dosewallips R Powerlines Acquisition and Design Project; 3)RCO#18-2005 Spruce Canyon to South Fork Hoh River Planning Project(Approved later in meeting) 2. AGREEMENT re: Providing Coverage of Non-Bargaining Unit Employees;No Dollar Amount; Jefferson County Administrator; Sound Health and Wellness Trust 3. AGREEMENT re: Surveying for Salmon Creek Bridge, West Uncas Road MP 0.804, Project No. 18019341; In the Amount of$7,318; Jefferson County Public Works; Van Aller Surveying 1 DRAFT Commissioners Meeting Minutes of August 6, 2018 4. AGREEMENT, Change Order No. 1 re: Dosewallips Road Permanent Repair, MP 1.67, Project No. 18019960; An Additional Amount of$5,387.66 for a Total of$137,054.76; Jefferson County Public Works; Hanson Excavation, LLC 5. AGREEMENT,Amendment No. 1 re: 2018 Community Services Grant Funding to Include the Use of the Vacant Northeast Bay of the Brinnon Shop Building for Supply Storage as a Resource for South County Residents;No Dollar Amount; Jefferson County Central Services; Olympic Community Action Programs (OIyCAP) 6. AGREEMENT,Amendment No. 3 re: 2018-2020 Consolidated Contract; An Additional Amount of$80,814 for a Total of$537,351; Jefferson County Public Health; Washington State Department of Health(DOH) 7. AGREEMENT re: Local Solid Waste Financial Assistance; In the Amount of$90,992.80; Jefferson County Environmental Public Health; Waste 2 Resources Program, Washington State Department of Ecology(DOE) 8. (DELETED)Water Rights Application and Ownership of the Quilcene Community Well Owned by Jefferson County to be assigned to the Jefferson County Public Utility District(PUD)#1 (Approved later in meeting) 9. Payment of Jefferson County Vouchers/Warrants Dated July 23, 2018 Totaling $280,244.66, Dated July 24, 2018 Totaling $9,586.60 and Dated August 1, 2018 Totaling $7,350.62 (Records of all claims submitted for payment along with vouchers approved and signed by the Board of Jefferson County Commissioners are retained by the Jefferson County Auditor and Public Works Department.) 10. Payment of Jefferson County Payroll Warrants Dated July 20, 2018 Totaling $77,451.45 and A/P Warrants Done by Payroll Dated July 20, 2018 Totaling $16,270.45 (Records of all claims submitted for payment along with A/P Warrants approved by the Payroll Services Manager are retained in the Jefferson County Auditor's Office.) DISCUSSION re: Consent Agenda Item No. 1 re: Three Applications for Grant Assistance through the Washington State Recreation and Conservation Office: The Commissioners discussed language in the contract regarding Tribal Rights and the term"waiver of sovereign immunity." The Board agreed to direct staff, with the assistance of the Prosecutor's Office to develop an option for the Commissioners to edit the contract. The discussion was tabled for the afternoon session. PROCLAMATION re: Proclaiming the week of August 6,2018 as Jefferson County Employee Recognition Week: Chair David Sullivan read the proclamation aloud. Commissioner Kler move to approve a PROCLAMATION proclaiming the week of August 6, 2018 as Jefferson County Employee Recognition Week. Commissioner Dean seconded the motion which carried by a unanimous vote. APPROVAL of MINUTES: Commissioner Kler moved to approve the Regular Meeting Minutes of July 16, and 23, 2018 and Special Meeting Minutes of July 25 and 30, 2018 as presented. Commissioner Dean seconded the motion which carried by a unanimous vote. COMMISSIONERS BRIEFING SESSION: The Commissioners reported on their meeting schedules. The meeting was recessed at 9:55 a.m. and reconvened at 10:01 a.m. with all three Commissioners present. 2 DRAFT Commissioners Meeting Minutes of August 6, 2018 HEARING re: Proposed Ordinance Adding Chapter 2.05 to the Jefferson County Code Regarding Indemnification and Tort Representation of Jefferson County Employees and Officers (Repeals and Replaces Resolution No. 87-86 and Amends Resolution No. 36-11: Chief Civil Deputy Prosecuting Attorney Philip Hunsucker explained the proposed ordinance. Chair Sullivan opened the hearing for public testimony. Tom Thiersch, Jefferson County: I welcome this ordinance. I think it's a really good idea. I have a question I would like to have answered at the end of public testimony which is, who is the "Risk Manager" for the County? I don't know who that is. It would be nice if that person was identified somehow just so we all know. My comment and testimony on this is that, as a volunteer for the County for a number of years, I think it's a long overdue thing because it creates some certainty, as opposed to some of the perhaps arbitrariness of the previous situation. So that's a good thing. I think there may be more volunteers for the County than there are employees. So it was interesting that the employee recognition proclamation was read this morning. I suggest that there might be a volunteer recognition and appreciation to go along with it. Nothing against the employees,they do a great job, but the unpaid people who put in lots and lots of time, Parks and Rec, Sheriffs Department and all of those folks, all the advisory committees. A lot of time, a lot of hours and a lot of personal expense which is not compensated. So, again, this is a long overdue and good ordinance, glad to see it put in place, so thanks. Mike Belenski, Jefferson County: I was just looking at it here. There's no definition for reservation of rights. You define what a lawsuit is, most people know what a lawsuit is, you've got that definition in here, but you don't have a definition of reservation of rights, whatever that is. If it's deemed appropriate of the Risk Manager, findings and determination may be subject to a reservation of rights, whatever that means. Also, since the Risk Manager is the one that decides whether you are going to defend this person or not, are they required to have any kind of legal experience, or is it just a guy that got hired yesterday and he's gonna decide whether one of his fellow employees gets the protection of the County or not? So, I think the thing that's missing here too is that, I forget what section it says, but it says the County will pay any punitive damages. Punitive damages means you're getting punished because you operated outside the law, so I don't think it's appropriate that the County should be paying punitive damages if it's found that the County employee acted outside the scope of his duties, or outside any kind of lawful use of whatever authority that he had, you know. Another thing that bothers me too is,there's nothing in here about retaliation. One court case that comes to mind, I think the guy's name is Shawn Orndorf. He sued the County because he was getting pushed around at the jail and people weren't getting proper medical attention and they put him outside without any shoes and a coat on. I can't remember the name of the employee, but some employee told him that's what he gets for contacting the ACLU. The County settled out of court on that, I think it was $82,000. So I don't know why we would be protecting people like that, that are misusing or abusing people under their care. I don't think that's right. How about if County employee, and I know, this was 20 years ago, a guy got fired from Public Works because he got a DWI. So, if a guy working for the County, DWI, and he plows into a van that's got nine kids in it and he kills them all because he's drunk while on duty, are we paying for that? I mean I just, it's hard to figure out the scope here. The scope just seems to be, give it to the Risk Manager, which is a fellow employee, and he'll just indemnify that person,no matter what they've done. I don't think we should be protecting people that are acting outside the law. Thank you. Craig Durgan, Port Ludlow: Just make sure you have a good definition of what a volunteer is, I'm not sure if you have that. It really should be some type of volunteer employment type contract I would think. I don't know, that's signed. Because somebody may think they're a volunteer, and then they're not a 3 Commissioners Meeting Minutes of August 6, 2018 D R A F 1 volunteer and they're thinking they've got coverage for something that they're doing, so it just has to be clear, thank you. Hearing no further testimony, Chair Sullivan closed the public hearing. After discussion, deliberation and editing the proposed ordinance, Commissioner Dean moved to adopt ORDINANCE NO. 09-0806- 18 Repealing and Replacing the existing Resolution No. 87-86 regarding Indemnification and Tort Representation of Jefferson County Employees and Officers and amending the existing Jefferson County Risk Management Policy adopted by Resolution No. 36-11. Commissioner Kler seconded the motion which carried by a unanimous vote. HEARING re: Proposed Amendment to Ordinance No. 09-1123-15 Sheriff Fees: Chief Civil Deputy Trevor Hansen reviewed the proposed ordinance. Chair Sullivan opened the hearing for public testimony. Hearing no testimony, Chair Sullivan closed the public hearing. After deliberation, Commissioner Dean moved to adopt ORDINANCE NO. 10-0806-18 Amending Chapter 3.70 of the Jefferson County Code "Sheriffs Fees." Commissioner Kler seconded the motion which carried by a unanimous vote. The meeting was recessed at 10:54 a.m. and reconvened at 11:02 a.m. with all three Commissioners present. EXECUTIVE SESSION: An Executive Session was scheduled from 11:00 a.m. to 11:15 a.m. with the County Administrator and Chief Civil Deputy Prosecuting Attorney regarding 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 11:04 a.m. to 11:31 a.m. At the conclusion of the Executive Session the Board resumed the regular meeting. The meeting was recessed at 11:33 a.m. and reconvened at 11:35 a.m. with all three Commissioners present. EXECUTIVE SESSION: An Executive Session was scheduled from 11:15 a.m. to 11:30 a.m. with the County Administrator and Chief Civil Deputy Prosecuting Attorney regarding 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 11:37 a.m. to 12:15 p.m. At the conclusion of the Executive Session the Board resumed the regular meeting. The meeting was recessed at 12:16 p.m. and reconvened at 1:31 p.m. with all three Commissioners present. COUNTY ADMINISTRATOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. - Consent Agenda Item No. 8 re: Pending Water Rights Application—Quilcene Community Well: After discussion, Commissioner Dean moved to authorize staff to proceed with the Washington State Department of Ecology (DOE) on the application process and to coordinate with DOE and the Public Utility District(PUD) on the issue. Commissioner Kler seconded the 4 DRAFT Commissioners Meeting Minutes of August 6, 2018 motion. After further discussion, Chair Sullivan called for a vote on the motion. The motion carried by a unanimous vote. - Consent Agenda Item No. 1 re: Three Applications for Grant Assistance through the Washington State Office of Recreation and Conservation Office (RCO): After further discussion, the Board adopted RESOLUTION NO.36-18 Authorizing the Jefferson County Board of County Commissioners to legally bind Jefferson County with respect to three applications for grant assistance to the RCO in 2018, as presented, and directed staff to prepare a LETTER to accompany the resolution for the Chair's signature that would request refinement of language. - Online recording issues with AV Capture ALL - Affordable Housing - Miscellaneous Items - Calendar Coordination - Future Agenda Items NOTICE OF ADJOURNMENT: Commissioner Dean moved to adjourn the meeting at 3:52 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Kler seconded the motion which carried by a unanimous vote. JEFFERSON COUNTY BOARD OF COMMISSIONERS SEAL: David Sullivan, Chair ATTEST: Kathleen Kler, Member Carolyn Gallaway, CMC Kate Dean, Member Deputy Clerk of the Board 5