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HomeMy WebLinkAboutM111318 - to include Hearing Comment re: Trespass Ordinance �w�gON I'oG y &�S JING�o� MINUTES Jefferson County Board of Commissioners Regular Meeting — Tuesday, November 13, 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 at the appointed time in the presence of Commissioner Kathleen Kler and Commissioner Kate Dean. Chair Sullivan invited everyone in attendance to join in the Pledge of Allegiance. 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 the zoning of the South Bay Community Property. • Comment regarding code enforcement on Cleveland Street and the Commercial Shooting Facilities Ordinance. • Comment regarding California fires,tips on making the County forest fire resistant, and the deer population in Port Townsend • Comment regarding a petition regarding the Port Townsend shooting range, and he presented audio of gunfire from 1918. • Comment regarding the comments made about the proposed shooting facility near Tarboo Ridge, and code enforcement on Cleveland Street. • Comment regarding an upcoming Hearing this morning on the Jefferson County Trespass Ordinance. • Comment regarding an upcoming Hearing this morning on the Jefferson County Trespass Ordinance. The Commissioners and County Administrator addressed comments and concerns raised during the Public Comment Period. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Kler moved to approve the items on the Consent Agenda as presented. Commissioner Dean seconded the motion which carried by a unanimous vote. 1. AGREEMENT re: Playground Fence Replacement located at the Port Townsend Community Center, Project No. 17520360; In the Amount of Base Bid of$34,533.38; Jefferson County Public Works; Viking Fence Company 2. Payment of Jefferson County Payroll Warrants Dated November 5, 2018 Totaling $883,659.48 and A/P Warrants Done by Payroll Dated November 5, 2018 Totaling $837,660.70 and Dated November 5, 2018 Totaling $137,346.81 (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.) 1 Commissioners Meeting Minutes of November 13, 2018 APPROVAL of MINUTES: Commissioner Kler moved to approve the Special Meeting Minutes of October 1 and 19, 2018 and Regular Meeting Minutes of October 8 and 15, 2018 as presented. Commissioner Dean seconded the motion which carried by a unanimous vote. COMMISSIONERS BRIEFING SESSION: The Commissioners reviewed their meeting schedules. The meeting was recessed at 9:55 a.m. and reconvened at 10:03 a.m. with all three Commissioners present. HEARING re: Application by Seamount Estates Community Water System for a Nonexclusive Franchise to Construct, Maintain and Operate a Group A Community Public Water System consisting of Pipes,Valves,Hydrants and Other Appurtenances Upon, Under,Along and Across a Franchise Area within Unincorporated Jefferson County: Public Works Engineering Technician Terry Duff explained the application by Seamount Estates regarding their 25-year nonexclusive franchise request. Commissioner Kler asked why only a 25 year franchise? Ms. Duff explained that the franchises used to be approximately 50 years, but over time, they learned that things can change and 25 years is a more reasonable timeframe. Chair Sullivan opened the hearing for public testimony. Hearing no testimony, he closed the hearing. After a brief deliberation, Commissioner Kler moved to approve RESOLUTION NO. 53-18 re: Application Seamount Estates Community Water System for a Nonexclusive Franchise to Construct, Maintain and Operate a Group A Community Public Water System Consisting of Pipes, Valves, Hydrants and other Appurtenances Upon, Under, Along and Across a franchise Area within Unincorporated Jefferson County. Commissioner Dean seconded the motion which carried by a unanimous vote. ADDITIONAL BUSINESS: LETTER re: Trust Land Transfer Project List: Commissioner Kler stated that the Northwest Watershed and Washington State Department of Natural Resources staff have requested the Jefferson County Commissioners send a letter to the Commissioner of Public Lands Hilary Franz regarding the Trust Land Transfer Project list and to request more funding from legislators. After the Commissioners discussed and reviewed the letter, Commissioner Kler moved to send the letter as presented. Commissioner Dean seconded the motion which carried by a unanimous vote. The Commissioners reviewed Calendar Coordination and miscellaneous items. 2 Commissioners Meeting Minutes of November 13, 2018 HEARING re: Proposed County Facility Trespass Ordinance: Chief Civil Deputy Prosecuting Attorney(DPA) Philip Hunsucker and Undersheriff Art Frank explained the proposed ordinance. The main goals of the ordinance are to create clear codes of conduct that set expectations for behavior while at various County facilities, emphasize voluntary compliance with posted codes of conduct,provide a legal basis for enforcing codes of conduct through trespass warning, when necessary, provide avenues to appeal trespass warning and to provide reasonable exceptions to trespass warnings, to ensure access to government. After the presentation and answering the Commissioner's questions, Chair Sullivan opened the hearing for public testimony. Tom Thiersch, Mike Belenski and George Yount provided hearing testimony. Hearing no further testimony, Chair Sullivan closed the hearing. The Commissioners deliberated on the proposed ordinance. Staff will continue to work on the proposed ordinance and address concerns while still achieving the objectives of the ordinance. The meeting was recessed at 11:23 a.m. and reconvened at 11:31 a.m. with all three Commissioners present. EXECUTIVE SESSION: An Executive Session was scheduled from 10:50 a.m. to 11:00 a.m. Chair Sullivan announced that the Executive Session will be held from 11:31 a.m. to 11:40 a.m. with the County Administrator, Chief Civil Deputy Prosecuting Attorney and Human resources Manager regarding Attorney-Client Privilege, Potential Litigation under exemption RCW 42.30.110(1)(i) as outlined in the Open Public Meetings Act. The Board concluded the Executive Session and resumed the regular meeting at 11:38 a.m. County Administrator Morley announced he will be attending a mediation meeting with Washington Counties Risk Pool (WCRP)re: former Captain Mike Stringer, and requested authorization to consort with WCRP to reach settlement on that claim. Commissioner Dean moved to approve the County Administrator's request. Commissioner Kler seconded the motion which carried by a unanimous vote. EXECUTIVE SESSION: An Executive Session was scheduled from 11:00 a.m. to 12:00 p.m. Chair Sullivan announced that the Executive Session will be held from 11:40 a.m. to 12:00 p.m. with the County Administrator, Chief Civil Deputy Prosecuting Attorney, Central Services Director and the Department of Community Development Planning Manager regarding Attorney-Client Privilege, Potential Litigation under exemption RCW 42.30.110(1)(i) as outlined in the Open Public Meetings Act. The Board concluded the Executive Session and resumed the regular meeting at 12:00 p.m. The meeting was recessed at 12:00 p.m. and reconvened at 1:31 p.m. Chair Sullivan and Commissioner Kler present. Commissioner Dean was not present due to another commitment. 3 Commissioners Meeting Minutes of November 13, 2018 COUNTY ADMINISTRATOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. • Miscellaneous Items • 2019 Budget Process • No Trespass Ordinance • Interlocal Agreement on Homelessness; upcoming dates • Future Agenda Items • Miscellaneous Items—Continued o Miscellaneous Items o Jefferson County Sportsmens Association o Scheduling meetings with the new Commissioner-Elect o Calendar Coordination— o Letter from Fort Discovery o Proposed letter to the Department of Commerce re: Local Plan Guidance for Homelessness NOTICE OF ADJOURNMENT: Commissioner Kier moved to adjourn the meeting at 3:05 p.m. until the next regular meeting or special meeting as properly noticed. Chair Sullivan seconded the motion. Tl,e motion carried. JEFFERSON COUNTY • BOARD C I .I• ERS SEAL: a' David Sullivan, Chair • ATTEST: Kath een Kler, Mem er CYt Caroly Gallaway, CMC Kate Dean, Member Deputy Clerk of the Board 4 This is TESTIMONY for the Novembe 6 a !. ed Jefferson Count, "Trespass" ordinance. The proposed Ordinance is: L illegal. i.�y,Yr�YC1 Nnki 13 2019 + R&0,115 Under color of law, creates a chilling effect to our right to Freedom of Speec . The county has no authority to override OPMA RCW 42.30.040 "Conditions to attendance not to be required." A member of the public shall not be required, as a condition to attendance at a meeting of a governing body, to register his or her name and other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. [emphasis added] The county cannot require a person to request or obtain permission to attend a public meeting. Unnecessary. There are ample laws that deal with the types of behavior that are targeted by this Ordinance, as outlined in the Whereas section. Disorderly conduct / disturbing the peace Stalking / threatening / harassment / assault The Ordinance is actually intended to stifle and discourage free speech and free expression, and has little if anything to do with controlling behavior. It will have no actual deterrence effect. People regularly and routinely blow right through court-ordered restraining orders —do you really think a "no trespass" citation is going to stop someone who is really pissed off at the county? Purely subjective, arbitrary, and produces a great likelihood of discriminatory action on the part of staff who have a grudge against an individual. The word of a rent -a -cop or county employee has no more credibility than any other person, and the lack of a sworn complaint that states exactly what the trespasser is accused of violates all kinds of constitutional protections. Who is complaining, with what evidence/corroboration? Where is the Due Process? Having a different "code of conduct" for each facility is totally absurd. Unenforceable It creates a new type of "thought crime", where a person is being acted against because of what they might do, not because of their actual behavior. It tries to turn department directors into code enforcement officers and quasi-judicial deciders. The county currently doesn't even enforce existing code where actual laws are being broken every day. Redundant If something is already illegal, there is no need for another law. There is no need to restate existing law. Port Townsend City Code doesn't apply outside of city, but this Ordinance says it does. If a law is being broken inside city limits, call the PT police. If outside the city, call the Sheriff. Expensive The cost of civil rights violations can be enormous and without limit — this is an open invitation for lawsuits.