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MINUTES
Jefferson County Board of Commissioners
Regular Meeting — Tuesday, February 19, 2019, 9:00 a.m.
Jefferson County Courthouse—Commissioners' Chambers
1820 Jefferson Street, Port Townsend, WA
CALL TO ORDER: Chair Kate Dean called the meeting to order at the appointed time
in the presence of Commissioner David Sullivan and Commissioner Greg Brotherton.
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 banning of nuclear weapons.
• Comment regarding the advisory committee for Jefferson Transit.
• Comment regarding the Oath of Office for Jefferson County.
• Comment regarding the County's sewer issues.
• Comment regarding use of the Boat Haven restroom shower.
• Comment regarding use of the Boat Haven restroom shower, sewer projects, County and State
crews management of the snowstorms.
• Comment regarding noise from the Port Townsend gun range and other gun statistics.
• Comment regarding County property tax statement and collection of County permit fees.
The Commissioners and County Administrator addressed comments and concerns raised during the
Public Comment Period.
APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner
Sullivan moved to approve the items on the Consent Agenda as presented. Commissioner Brotherton
seconded the motion which carried by a unanimous vote.
1. RESOLUTION NO. 08-19 re: HEARING NOTICE: Intention to Sell Surplus County
Property; Hearing Scheduled for Monday, March 11, 2019 at 10:30 a.m. in the Commissioners'
Chambers, Jefferson County Courthouse, 1820 Jefferson Street, Port Townsend, Washington
2. AGREEMENT,Interlocal re: Regional Answering Service Program; Estimated Cost of$255
per Year; Jefferson County Public Health; Kitsap County and Clallam County
3. MINUTES re: Regular Meeting Minutes of February 11, 2019
4. 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)
5. Advisory Board Reappointment re: Solid Waste Advisory Committee (SWAC); Two-Year
Term Expiring January 2, 2021; Agricultural Representative, Glenn Gately
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Commissioners Meeting Minutes of February 19, 2019
6. Advisory Board Appointments (4) re: Solid Waste Advisory Committee (SWAC); 1) Two-
Year Term to Expire February 19, 2021, District No. 1 Citizen Representative, Tracy Bigelow
Grisman; 2)Two-Year Term to Expire February 19, 2021, District No. 3 Citizen Representative,
Samantha Janes; 3) Two-Year Term to Expire February 19, 2021, Industry Representative
Alternate, Brian Tate; and 4) Unexpired Term to Expire February 13, 2020, Re-Assignment of
Industry Representative from Alternate to Member, Chad Young
7. Payment of Jefferson County Vouchers/Warrants Dated February 11, 2019 Totaling
$925,428.83 (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.)
8. Payment of Jefferson County A/P Warrants Done by Payroll Dated February 6, 2019 Totaling
$137,660.57 (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)
COMMISSIONERS BRIEFING SESSION: The Commissioners gave a briefing on
recent meetings they attended and noted future meeting topics.
PROCLAMATION of THANKS AND APPRECIATION re: Proclaiming Thanks
and Appreciation to the Jefferson County Road Division Staff and the County Shop Staff for
Their Dedication to Serving the Public During Recent Winter Storms: Public Works
Director/County Engineer Monte Reinders, Road Superintendent Matt Stuart, Central Services Director
Mark McCauley thanked their staff for their coordinated efforts in recent snowstorms. All three
Commissioners read aloud the proclamation. Commissioner Brotherton moved to approve the
proclamation. Commissioner Sullivan seconded the motion which carried by a unanimous vote.
BID OPENING re: 2019-2021 Pavement Marking on Jefferson County Roads,
County Project No. 18020490: Public Works Engineer Dale Seward stated the Engineer's estimate for
the 2019-2021 pavement marking on Jefferson County Roads is $484,467.00. He opened and read aloud
the following three bids: 1)Apply-A-Line, Pacific, WA: $402,330.00; 2) Stripe Rite, Sumner, WA:
$437,440.00; and 3) Specialized Pavement Marking, OR: $695,200.00
Staff will review the bids for accuracy and submit a recommendation for bid award at a later date.
HEARING re: Ordinance for Code of Conduct/Trespass in County Facilities: Chief
Civil Deputy Trevor Hansen and Chief Civil Deputy Prosecuting Attorney Philip Hunsucker reviewed
the proposed ordinance regarding Code of Conduct/Trespass in County Facilities and answered
questions posed by the Board.
Chair Dean opened the hearing for public testimony. Tom Thiersch and Nat Jacob provided public
testimony. Hearing no further pubic testimony, Chair Dean closed the public hearing and the
Commissioners deliberated on the issue.
After deliberating, Commissioner Sullivan moved to adopt ORDINANCE NO. 02-0219-19 regarding
Adding a New Chapter, Chapter 8.85, "Trespass from County Facilities,"to the Jefferson County Code.
Commissioner Brotherton seconded the motion. Chair Dean noted incidences at the courthouse which
made her feel unsafe and asked a follow-up question. After continued discussion on a change to Section
8.85.050(2)(b), Commissioner Sullivan amended his motion to strike the word"written" in Section
8.85.050(2)(b). Commissioner Brotherton seconded the amended motion. Chair Dean called for a vote
on the amended motion. The motion carried by a unanimous vote.
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Commissioners Meeting Minutes of February 19, 2019
The meeting recessed at 10:58 a.m. and reconvened at 11:07 a.m. with Chair Dean and
Commissioner Brotherton present. Commissioner Sullivan joined the meeting at 11:08 a.m.
DISCUSSION re: Potential Joint Resolution with the Board of Health Establishing
a Regulatory Reform Program for Jefferson County: Department of Community Development
(DCD) Director Patty Charnas and Environmental Health Director Stewart Whitford briefed the Board
on a potential resolution with the Board of Health(BOH) regarding a Regulatory Reform Program.
CERTIFICATION: Annual Inventory of the Capitalized Assets as of December 31,
2018: County Administrator Philip Morley briefed the Board on the annual inventory of capitalized
assets. Deputy Clerk of the Board Carolyn Gallaway administered the Verification on Oath for each of
the Commissioners.
The meeting recessed at 11:58 a.m. and reconvened at 12:12 p.m. with Chair Dean and
Commissioner Brotherton present. Commissioner Sullivan joined the meeting at 12:14 p.m.
DISCUSSION with County Elected Officials and Department Directors re:
County/State Relations and Possible Legislation: Various Elected Officials and Department Directors
met with the Commissioners to discuss County/State relations and legislation.
NOTICE OF ADJOURNMENT: Commissioner Brotherton moved to adjourn the
meeting at 1:02 p.m. until the next regular meeting or special meeting as properly noticed.
Commissioner Snllivan seconded the motion which carried by a unanimous vote.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
SEAL:
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Caroly Gallaway, C C Greg 11 •th on, Member
Deputy Clerk of the Board
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From: Tom Thiersch <tprosys@gmail.com>
Sent: Thursday, February 14, 2019 3:54 PM
To: jeffbocc
Subject: TESTIMONY for Public Hearing, February 19, 2019 re:Trespass ordinance
Attachments: TESTIMONY - Courthouse 'incidents' - public records.docx
Commissioners,
The attached testimony shows that there have been zero "incidents" that can be used to justify the proposed
Trespass ordinance, which is clearly overreaching and remains seriously flawed both in detail and in
practicality.
Aside from its technical errors (e.g. the incorrect RCW citation for the OPMA), the most glaring flaws are in its
obvious bias against the disadvantaged.
For example, how is a homeless person with no mailing address, and possibly no phone, able to comply with
the mandatory procedure of first requesting access to a facility by mail and then (assuming they're been able
somehow receive a "permission" letter) call 2 hours in advance?
Similarly, if a person has nowhere else to sleep because the shelters are full, the US Supreme Court has held
that they have a constitutional right to "camp" in their car. Government agencies cannot trespass someone for
exercising their rights.
This ordinance attempts to solve problems that can, and should, be dealt with using existing statutes that have
already withstood legal challenge, such as "disorderly conduct", "making a threat" (an actual threat, not some
inarticulable, vague feeling of discomfort on the part of a county employee), "harassment", "stalking", "arson",
"assault", etc.
It is completely unrealistic to expect that issuance of a trespass notice would ever dissuade an upset person
from revisiting a county location; on the contrary, such a citation would likely inflame the person even more,
leading to exactly the opposite of the desired result. Best case, if someone violates a trespass warning, it
simply makes arresting them a little easier when, in fact, they likely would have been arrested anyway.
If you believe that passing this ordinance will in any way improve the situation, I believe you are sorely
mistaken.
Thank you,
Tom Thiersch
Member, Washington Coalition for Open Government, ACLU
____[RCW 42.30.010 Open Public Meetings Act]==== ====[RCW 42.56.030 Public Records Act]____
"The people of this state do not yield their sovereignty to the agencies that serve them. The people,in delegating authority,do not give their public
servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so
that they may maintain control over the instruments that they have created."
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SAVE PAPER-Please do not print this e-mail unless absolutely necessary.
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TESTIMONY for Public Hearing, February 19, 2019 --- by Tom Thiersch,Jefferson County
The following is my analysis of the public records disclosed by Jefferson County regarding'incidents' that purportedly
justify the need for a "Trespass" ordinance.
It is obvious that none of these reports justify the need for such a measure. In each case, neither the incident nor the
outcome would have been different had a Trespass ordinance been in place.
The preventative intent of the ordinance is simply not realistic.
File name Pages Page Comment
CH incidents of 2016_Redacted.pdf 15 1 Fleeing Court during proceeedings
4 Warned "TBD" - ???cop jargon
6 Probation violation
14 Was at court for mandatory appearance, so trespass would not
be applicable. Yelling at District Court staff.
CH incidents of 2017_Redacted.pdf 44 2 Parent assaulting child on courthouse grounds. Family dispute.
Followed by PTPD domestic violence intervention elsewhere.
8 Parking lot shoving/argument.
12 Bomb threat on bathroom wall—no suspect
14 Medical/mental health—taken to hospital
17 Note during court proceeding—jury/witness tampering
CH incidents of 2018_Redacted.pdf 53 2 BB gun seen in x-ray, mistaken for actual weapon
4 Vague 'something will happen to you' call-in to court clerk
6 Threatening, mental health case. hospitalized—could not have
paid any attention to (or even understood) a trespass warning
8 "Detain mentally disordered person"
27 Waiting outside of CH to give note to ???—what threat?
29 Violation of restraining order in courtroom
52 Attempt to bypass 2nd floor screening—vibrator in purse
Incident_Report_7.31.2018.pdf 3 1 Theft from county toolshed
Incident_Report_9.11.2018.pdf 3 1 Spray painted word at public works—"LOVE"
Incident_Report_9.13.2018.pdf 1 1 Public Works—Mischief; note, hood opened on a vehicle;
person known to PTPD, had been arrested before
Security_Incident.pdf 2 1 Probation violation- Mental health case
Trespass_Warning_1.2.2018.pdf 1 1 Public Works—PTPD non-specific"disruptive behavior"
Trespass_Warning_9.7.2018.pdf 1 1 Public Works—"camping" in parking lot—this is constitutionally
protected. Apparently PTPD doesn't know that.