HomeMy WebLinkAbout061719_ra01JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
REGULAR AGENDA REQUEST
TO: Board of Commissioners
Philip Morley, County Administrato 11116
FROM: Mark McCauley, Central Seryleel"Director
DATE: June 17, 2019
RE: Request for Board of County Commissioner approval of a proposed revised
license and operating agreement with the Jefferson County Sportsmen's
Association (JCSA)
STATEMENT OF ISSUE:
Based on a number of recent developments the current license and operating agreement between the
County and the JCSA needed to be revised.
ANALYSIS:
Increasing public concerns regarding noise generated by shooting activities at the shooting facility
operated by the JCSA prompted the County and JCSA to begin discussing potential changes to operating
hours and days. Several meetings over the past month and a half have resulted in a proposed new set of
operating hours and days which would result in a 27.5 percent reduction in weekly operating hours (29.9
percent annual reduction) and which includes a quiet Monday every week and one quiet Sunday a month
(last Sunday of each month). Also, operating hours Tuesday through Friday have been reduced by two
hours per day (10 am -7 pm versus 9 am -8 pm).
The JCSA has applied for a Washington State Recreation and Conservation Office (RCO) grant under the
RCO's Firearms and Archery Recreation Program to make safety and sound abatement improvements to
the range. To be eligible for the grant the JCSA needs assurance that they will be able to operate the range
for at least ten (10) years after the date of the RCO's last payment to the JCSA. Because of this and in
consideration of the substantial reduction in hours agreed to by the JCSA the proposed revised agreement
extends the term through December 31, 2040.
Under the proposed revised agreement, the JCSA will not allow units of the armed forces to use the
facility without prior written approval from the County Administrator. It also prohibits expansion of the
facility or operations on the facility without the County's express written permission.
The proposed revised agreement also incorporates the requirements of Article III of Chapter 8.50,
Commercial Shooting Facilities, of the Jefferson County Code.
Other inconsequential changes have been proposed to improve the format and to clarify certain language.
FISCAL IMPACT:
This request has no fiscal impact.
RECOMMENDATION:
That the Board of County Commissioners approved the revised agreement.
W B .
ilip Morle , o my Administrator Date
LICENSE AND OPERATING AGREEMENT FOR
JEFFERSON COUNTY SPORTSMEN'S ASSOCIATION
This License and Operating Agreement (this License) is between Jefferson County, Washington
(the County) and Jefferson County Sportsmen's Association (the JCSA).
WHEREAS, the County is the owner of certain property described in Exhibit "A" attached to and
incorporated herein in Section 8 Township 30 North, Range 1 West of the Willamette Meridian,
and of Section 17, Township 30 North, Range 1 West of the Willamette Meridian, said real
property being also known as Assessor's Parcel No. 00 1083 012, (the Property); and;
WHEREAS, the JCSA has a license agreement with the County for use of a portion of the Property
more descriptively shown on attached Exhibit B for a facility consisting of shooting ranges and
various outbuildings designated for the following primary uses:
• Training programs for safe shooting;
• Training local law enforcement agencies;
• Use by the JSCA members to practice safe shooting;
• Use for sponsored events of the JCSA; and
WHEREAS, the JCSA has been operating a shooting range on the Property for over 50 years
without any injury as a result of shooting there; and
WHEREAS, the JCSA facility offers a local free training location to law enforcement officers and
a recreational outlet for firearm owners as consideration running to the County; and
WHEREAS, through its license with the JCSA, the County provides a convenient and appropriate
location for the daily operations of the JCSA; and
WHEREAS, the Jefferson County Board of Commissioners (BoCC) determined that shooting
facilities like the JCSA facility benefit Jefferson County by providing its residents and law
enforcement the opportunity to learn firearm safety, to practice shooting, and to participate in
amateur recreational firearm sports in a safe, controlled setting; and
WHEREAS, the BoCC determined it is in the public interest to protect and preserve the continued
viability of shooting facilities like the JCSA facility in Jefferson County in the face of increasing
population pressure and density of conflicting land uses; and
WHEREAS, the parties desire to continue their relationship and the JCSA's use of the Property
for the purposes specified above; and
WHEREAS, the parties agree that in order to perform safely the activities as described above, the
JCSA must continue to take precautions to continue to make shooting at the Property safe; and
WHEREAS, the JCSA recognizes that the County requires protection of its property and the people
who access its property; and
WHEREAS, the parties expressly acknowledge and assert that valuable consideration has been
provided by the JCSA in exchange for this License.
NOW THEREFORE IT IS AGREED:
LICENSE PROVISIONS.
1.1 The JSCA shall have a license to use the Property, as described in Exhibit B, for the
purposes listed above, and for those purposes only.
1.2 The granting of this license is expressly conditioned on the JCSA making the Property
available for training and practice to locally assigned law enforcement agencies. Use of
the facility by the Port Townsend Police Department and the Jefferson County Sheriff s
Office shall be at no cost.
1.3 JCSA does not intend to allow units of the armed forces to use the Property because JCSA
has determined that the Property cannot at the same time sustain training by units of the
armed forces and fulfill its primary uses listed above. In order to ensure it can perform
its primary functions, JCSA shall not allow units of the armed forces to use the Property
for unit training without prior written approval by the County Administrator. This
limitation does not apply to individual members of the armed forces.
1.4 The JCSA shall not deny membership to any person who meets the membership criteria
and pays any fee or dues associated with joining and maintaining their status as an active
member. The JCSA shall have sole discretion to establish and implement any and all
lawful criteria for membership. The JCSA shall not unreasonably reject the membership
application of any Jefferson County citizen.
1.5 If this License is not renewed, expiration will be automatic.
1.6 The JCSA must receive prior written County approval of any proposed changes in use of
the Property. Failure to do so may result in termination of this license at the discretion of
the County.
1.7 The JCSA shall be solely responsible for controlling access to and upon the Property for
the safety of the general public and those persons patronizing the JCSA or using its
facility.
1.8 The JCSA shall post signs at the site entrance to include hours of operation, hours and
days of local law enforcement use and after-hours/complaint contact information for the
public.
1.9 No modifications may be made to the facilities, infrastructure or other property located
at the Property without the approval of the County in writing. This requirement shall not
apply to maintenance or minor repairs performed by the JCSA.
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1.10 The JCSA shall keep the Property free and clear of any liens and encumbrances arising
from its actions pursuant to this License and its use of the Property.
1.11 The JCSA shall maintain its structures, infrastructure, or improvements in good
condition during the term of this License at its own sole expense. The JCSA shall be the
owner of any structure, infrastructure, or improvements it has installed or will install.\
1.12 The JCSA shall not cause or permit any damage to any natural resources on the Property
except as is necessary for regular maintenance or daily operation and/or any
construction or installation of improvements if such construction or installation has been
authorized by the County.
1.13 The County reserves the mineral and timber rights associated with the Property.
1.14 The JCSA may establish rules for the utilization of the Property by citizens, law
enforcement officers and its members.
1.15 The JCSA will operate its facility and its events in compliance with all federal, state,
and local laws, regulations and any permits issued thereunder. The JCSA will notify the
County if it is informed in writing that the JCSA is acting or operating in alleged
violation of any local, state, or federal law or permit.
2 EFFECTIVE DATE. This License supersedes all previous licenses and shall become
effective when approved by the BoCC.
3 TERM OF LICENSE. This License shall have a termination date of December 31, 2040,
unless otherwise terminated or extended by the Board of Commissioners.
4 COSTS AND EXPENSES. The JCSA shall pay all costs and expenses related to the use of
the Property for the purposes described above, including, but not limited to, utilities,
incorporation fees and any applicable taxes, charges or costs imposed on the JCSA by a
municipal corporation with taxing powers.
5 PUBLIC HEALTH AND ENVIRONMENTAL PROTECTION.
5.1 The JCSA is applying for an operating permit as required by Article III of Chapter 8.50
of the Jefferson County Code (JCC). The requirements of Article III of JCC 8.50 related
to existing commercial shooting facilities are incorporated into this License as if they
were part of this License.
5.2 The JCSA operations at the Property shall meet all the minimum requirements in JCC
8.50.250.
5.3 The JCSA shall submit to the Department of Community Development as a part of the
requirements of this License all the required elements of an application required by JCC
8.50.240 consistent with the timeline in JCC 8.50.230(4).
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5.4 The JCSA shall submit to inspections as set forth in JCC 8.50.230(5).
5.5 The JCSA has applied for a Washington State Recreation and Conservation Office (RCO)
grant for Project 18-2561 under the RCO's Firearms and Archery Range Recreation
Program, to make safety and sound abatement improvements to the range. If the RCO
offers a grant for Project 18-2561, JCSA shall execute a grant agreement with the RCO,
and shall install all range improvements as provided in the grant agreement.
5.6 Until the JCSA completes the permitting process required by Section 5.1, the JCSA shall
continue to meet the current requirements for comprehensive lead management to ensure
safe lead management for members, neighboring property owners as well as the
environment. To that end the JCSA will develop and maintain an environmental
protection plan that:
5.6.1 Is subject to County approval, and
5.6.2 Covers the following areas:
5.6.2.1 Introduction
5.6.2.2 Environmental Setting
5.6.2.3 Range Facilities and Current Operations
5.6.2.4 Best Management Practices/Monitoring
5.6.2.5 Environmental Actions, and
5.6.3 Requires the JCSA to submit activity records annually to the County to ensure
that public health and environmental protection is actively managed according to
the plan.
5.7 Until the JCSA completes the permitting process required by Section 5.1, the JCSA shall
continue to meet the current requirements for a Facility Operations Plan to, among other
things, ensure the health and safety of those that access the Property.
5.7.1 The plan shall be subject to County approval.
5.7.2 The plan shall cover the following areas:
5.7.2.1 Introduction/Background
5.7.2.2 Facilities
5.7.2.3 Services Offered
5.7.2.4 Access
5.7.2.5 Safety
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5.7.3 The JCSA and the County shall jointly review the Operations Plan every three (3)
years and also when a substantial change in operations occurs.
5.7.4 The Property and its boundaries shall be inspected annually by the County.
5.8 Operating hours shall be the following in order to meet the above described uses and
appreciate the neighboring community's desire for limited noise disturbances:
5.8.1 Saturday- Sunday: 10 am — 5 pm or sunset (whichever is earlier).
5.8.2 Monday: Closed to shooting of firearms.
5.8.3 Tuesday — Friday: 10 am — 7 pm or sunset (whichever is earlier).
5.8.4 Last Sunday of each month: Closed to shooting of firearms.
5.8.5 Organized law enforcement training will be scheduled in advance.
5.8.6 High intensity shooting and events will be noticed to the public on JCSA's website.
The JCSA will also establish and employ a method for proactively notifying the
public such as social media, emails lists, or by posting notices in the Port Townsend
Leader and/or the Peninsula Daily News. Notices should be made within two weeks
of setting the date, and no less than seven days before the event.
5.8.7 Shooting after dark shall only occur for law enforcement training purposes. It shall
not occur past 10:00 pm (standard time). Pre -notification of these training sessions
shall be given to JeffCom, so that they will be informed should community members
call.
5.8.8 Early Events: Up to 8 per year are authorized. Early events can begin at 8 am. Pre-
notification shall be given to JeffCom, so that they will be informed should
community members call.
5.8.9These hours may be modified upon mutual written agreement executed by both
parties.
5.9 The parties agree that JCSA's operations on the Property qualify as a legal non-
conforming use under Jefferson County Code (JCC) 18.20.260 that includes a legal
expansion completed in 2012. JCSA understands and agrees that an expansion of its
operations could threaten the legal nonconforming use of the Property. Accordingly, the
parties agree that any expansion of JCSA's current operations is not authorized without
the County's express written permission and any expansion without such permission is
both a material breach and a basis for termination for cause of this License. JCSA will
not undertake any expansion of its facility or the operations on its facility itself that may
cause the Property to lose its status as a legal nonconforming use. For the avoidance of
doubt, neither JCSA's efforts to comply with the requirements of an operating permit
required by this License nor its noise mitigation efforts shall be considered an expansion
for purposes of this License. The parties agree that if there are claims of significant
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increases to the intensity of facility use resulting in increased noise or traffic impacts to
surrounding properties, either party may convene a meeting to address and seek ways to
resolve the issue. JCSA and the County agree to work in good faith to find workable
solutions.
6 COMPLIANCE WITH LAWS. The JCSA shall comply with all Federal, State, and local
laws and ordinances applicable to the operations to be undertaken in accordance with this
License.
7 APPLICABLE LAW. This License shall be interpreted and construed in accord with the
laws of Washington.
8 INDEMNIFICATION
8.1 The JCSA hereby agrees to indemnify and hold the County, its employees, officers and
agents harmless from and shall process and defend, at its own expense, all claims,
demands, or suits at law or equity arising in whole or in part from the JCSA' S negligence
or breach of any of its obligations under this License; provided that nothing herein shall
require the JCSA to indemnify the County and hold harmless the County, from claims,
demands or suits based solely upon the conduct of the County, their agents, officers and
employees.
8.2 Provided further that if the claims or suits are caused by or result from the concurrent
negligence of (a) the JCSA'S agents or employees and (b) the County, its agents, officers
and employees, this indemnity provision with respect to claims or suits based upon such
concurrent negligence shall be valid and enforceable only to the extent of the JCSA' S
negligence of the JCSA's agents or employees except as limited below.
9 INDEPENDENT CONTRACTOR. The JCSA's relation to the County shall be at all times
as an independent contractor.
10 DISCRIMINATION PROHIBITED. The JCSA will not discriminate against any person
in performance of their services under this Agreement or in the selection and retention of
employees or procurement of materials or supplies on the basis of age, sex, marital status,
sexual orientation, religion, creed, race, color, national origin, honorably discharged veteran
or military status, or the presence of any sensory, mental, or physical disability or the use of a
trained dog guide or service animal by a person with a disability, unless based upon a bona
fide occupational qualification.
11 INSURANCE REQUIREMENTS.
11.1 The JCSA shall obtain and keep in force during the terms of the license or as otherwise
required, the following insurance with companies or through sources approved by the
State Insurance Commissioner pursuant to RCW 48.
11.2 The County will be named on all certificates of insurance as an additional insured. The
certificates of insurance shall cover the activities specified in or performed under this
License. The JCSA shall be responsible for providing to the County the full text of any
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endorsement listed solely by its name, number, or title (as opposed to the full text of
said endorsement).
11.3 Any coverage for third party liability claims provided to the County by a "Risk Pool"
created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy
of insurance the JCSA must provide to comply with this Agreement. All policies
provided by the JCSA in order to comply with the insurance requirements of this
License must be endorsed to show this primary coverage.
11.4 If the proof of insurance or certificate indicating the County is an "additional insured"
to a policy obtained by the JCSA refers to an endorsement (by number or name) but
does not provide the full text of that endorsement, then it shall be the obligation of the
JCSA to obtain the full text of that endorsement and forward that full text to the County.
11.5 Upon the JCSA's failure to comply with all provisions of this License relating to
insurance, the County may terminate this License in a manner consistent with this
License.
11.6 The coverage limit for any insurance purchased to provide coverage for damage to
property owned by the JCSA at the Property shall be in an amount not less than the
replacement value of the JCSA-owned property, including but not limited to structures
and infrastructure on the Property.
11.7 All insurance shall be obtained from an insurance company authorized to do business
in the State of Washington.
11.8 The JCSA shall submit a certificate of insurance as outlined above within 14 days of the
execution of this License to the County.
11.9 No cancellation of the foregoing policies shall be effective without thirty (30) days prior
notice to the County.
11.10 The following types of insurance shall be maintained by the JSCA its operations at the
Property.
11.10.1 Worker's compensation and employer's liability insurance as required by the
State of Washington.
11.10.2 For the remainder of their current policy term regular public liability and
property damage insurance in an amount not less than a single limit of one
million and 00/100 Dollars ($1,000,000.00) per each occurrence, with a
$2,000,000 general aggregate limit for bodily injury, including death and
property damage per occurrence. When the policy is renewed in June 2020 these
limits shall increase to two million and 00/100 Dollars ($2,000,000.00) per each
occurrence, with a $2,000,000 general aggregate limit for bodily injury,
including death and property damage per occurrence.
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11.10.3 Automobile Liability. The JCSA currently owns no vehicles. Should they
subsequently acquire one they shall obtain and maintain business auto coverage
acceptable to the County with limits no less than $1,000,000 per accident,
combined single limit.
11.10.4 Insurance limits shall be reviewed at the end of every ten years and shall be
updated based on common limits at that time as determined by the County and
that are available.
11.11 The JCSA shall not operate on or use the Property without the forgoing insurance
provisions being fully satisfied.
12 TERMINATION
12.1 This license may be terminated by the County for cause upon providing the JCSA with
written notice one hundred and eighty (180) days prior to the date of termination. This
license shall be terminated by the County for any use by the JCSA other than those
described herein or any material breach of this license agreement.
12.2Either party may notify the other party of an alleged default and the party allegedly in
default shall have twenty (20) days to cure same. The period to cure the default may be
extended by mutual agreement.
12.3 Notices shall be given at these addresses and contact points:
Jefferson County Board of County
Commissioners
1820 Jefferson Street
PO Box 1220
Port Townsend, WA 98368
Jefferson County Sportsmen's
Association Treasurer
PO Box 737
Port Townsend, WA 98368
13 TRANSFER OF LICENSE. This license is for exclusive operations at the Property by the
JCSA. Operations shall not be contracted to another party and the license shall not be
transferable by the JCSA without the written consent of the County specifically referring to this
document.
14 OWNERSHIP INTEREST. The JCSA acknowledges that this license does not transfer,
grant, or convey to it any ownership interest, title or easement in the real property that is the
subject of this license. The JCSA asserts it is a valid Washington business entity and shall
remain so during the term of this License.
(SIGNATURES FOLLOW ON NEXT PAGE)
JEFFERSON COUNTY WASHINGTON
Board of County Commissioners
Jefferson County, Washington
By:
Kate Dean, Chair Date
By:
David Sullivan, Commissioner Date
By:
Greg Brotherton, Commissioner Date
SEAL:
ATTEST:
Carolyn Gallaway Date
Deputy Clerk of the Board
Approved as to form only:
JEFFERSON COUNTY SPORTSMEN'S
ASSOCIATION
By:
Sign , re
- _
Name: /o/�y iyl jV;e
Title: i;Fir S-AZR
Date:
.r. 6iy�
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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EXHIBIT A
The land referred to herein is described as follows:
The Southwest 1/4 of the Southeast 1'/4 of the Southeast 1/4; and the East 1/2 of the Southeast
1'/4 of the Southeast 1/4; and the East 1/2 of the Southeast 1/4 of the Southwest 1/4 of the
Southeast 1/4;
except any portion thereof lying northerly of the southerly limits of South Jacob Miller Road;
together with the East 300 Feet of the West 1/2 of the Southeast 1/4 of the Southwest 1/4 of the
Southeast 1/4; of Section 8, Township 30 North, Range I West, W.M.; said described parcel
being
a portion of Jefferson County Fire Protection District #6 Short Plat as per plat recorded in
Volume 4 Pages 39 and 40 of Short Plats, Auditor's File Number 403948, records of Jefferson
County Washington.
Situate in Jefferson County, State of Washington.
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EXHIBIT B - NEXT PAGE